Cruz v. Ayromloo

No. BC 303634 (Cal. Super. Ct. Los Angeles County Sept. 15, 2005) ; Clearinghouse Number: 55733

Description

Tenants Who Received Relocation Benefits Following Order to Vacate Unsafe Building Retain Possessory Interest; Court Awards Damages

Abstract

The court ruled after trial that plaintiffs—tenants who were subject to an emergency order to vacate their apartments due to unsafe conditions and who received relocation benefits from the landlord—were entitled to return once the building was repaired. Because the units had been rerented to new tenants, the court ordered defendant landlord to pay hundreds of thousands of dollars in damages. Plaintiffs were ordered to vacate with only hours’ notice after a city inspector found the building unsafe because raw sewage was leaking under the building and a portion of the roof was in immediate danger of collapse. Plaintiffs were never advised that the building was ready for their return and occupancy. Instead defendant rented to new tenants at increased rents. Plaintiffs sued for forcible detainer, wrongful eviction, breach of quiet enjoyment, infliction of emotional distress, breach of contract, and unlawful business practices and to quiet title. The court found credible evidence that plaintiffs asked for their units back and that defendant’s failure to allow plaintiffs’ return was a forcible detainer; it also ruled for plaintiffs on wrongful eviction and negligent infliction of emotional distress. The court rejected defendant’s contention that the city’s order to vacate and for defendant to pay relocation benefits ended the tenancies; to rule otherwise, the court said, would be to allow a landlord, by making a building so uninhabitable as to force the city to issue an emergency order to vacate, to circumvent the rent stabilization ordinance and landlord’s obligations to recover property only through an unlawful detainer action. Evidence showed that defendant paid $40,000 in relocation benefits but was receiving $20,000 more in annual rent from the new tenants, thus recouping the relocation benefits in two years.

Additional Information

Attorney Information
Plaintiffs represented by T. E. Glenn, Legal Aid Foundation of Los Angeles, 1102 S. Crenshaw Blvd., Los Angeles, CA 90019 (323.801.7989).
Docket Date
2005-09-15 00:00:00+00:00
Attorney Email
tglenn@lafla.org