Landlords Can Bill Tenants for Improvements
QUESTION: I have a couple of questions. The first concerns Los Angeles’ “pass-through” arrangements.
As I understand it, a landlord may pass along to his tenants the entire costs of certain building improvements, provided the work was completed before Oct. 1, 1989. I would like to know which items are considered “improvements” for which a landlord may raise the rents.
Between July and mid-October of last year, our landlady made life miserable for the 12 tenants living in this Hollywood building by upgrading plumbing, repairing the roof, sandblasting and painting the building, and installing several replacement exterior light fixtures.
May she pass these costs on to us, or is this work considered maintenance, rather than improvements?
And if we can be billed for the work, or a portion thereof, is she required to show us proof of her cost? Also, are the rent increases apportioned equally among the units, regardless of the size or the amount of rent paid?
I would also like to know whether my building must be inspected for earthquake safety. I’ve telephoned several city hall agencies, but have gotten the big runaround each time I’ve sought this information. Are inspectors supposed to examine all buildings of a certain age? I don’t know how old my building is, but it’s not made of brick.
ANSWER: Let’s start with your last question first. (It’s the easy one.)
Other than for new construction or major rehabilitations, the city only inspects existing brick buildings for earthquake safety, as they are considered the most dangerous. Most frame-and-stucco buildings, which yours probably is, are pretty safe, and they are not covered by the city’s seismic ordinance.
Now for the tough one, capital improvements. Some of the work that you wrote about sounds like qualifying capital improvements. The exceptions could be the roof repair and plumbing.
If the owner has merely repaired the roof or plumbing, rather than replacing them, the city will define the work as maintenance, and no pass-through will be allowed. Replacing, rather than repairing, plumbing lines and fixtures, lighting fixtures and repainting the exterior of the building, are usually considered eligible capital improvements, meaning that you can be billed for them.
As for verification and notification, the city will verify the owner’s expenditures and send you a “Notice of Proposed Rent Increase.” You will then have 10 days from the postmark on the envelope to send a written letter of objection.
Your objection cannot be based on the fact that you did not want or don’t like the improvements. It can be made only “if the improvement was not completed, if the facts were inaccurate, if the tenant moved in after the work was completed, or if more than one year elapsed since the completion of the work.”
Steps Renters Can Take in Termite Infestation
Q: The Los Angeles apartment that I live in has “drywall” termites. (I saved some specimens from this summer.) They were named by two men from a pest-control company on two separate visits. The owners say they won’t fumigate the entire building. The pest control company says that’s the only way to cure the problem.
Here are my questions. Should the owner be reported? If so, to whom? If I have to move out, is the owner liable for the costs of the move? Finally, if my antique furniture is attacked, is the owner liable for the cost of repairs?
A: The owner, apparently, has made some efforts to correct the problem through the two visits from the pest control company. However, it sounds like more work may need to be done. I don’t know why you are saving specimens from the summer, unless there isn’t a problem now--which makes it tough to get anyone to get the owner to fumigate the premises.
Assuming there is a problem now, if the owner’s efforts fail to rid you of the infestation, you can report the condition to the Los Angeles County Health Department at (213) 974-7875.
As for your potential moving expenses and antique furniture repair bills, if you sue--and they don’t exceed $2,000--a Small Claims Court judge will determine the owner’s liability, if any.
According to the Apartment Assn. of Greater Los Angeles’ general counsel, Trevor A. Grimm, moving expenses are probably not recoverable while repairs for furniture damaged by a known defective condition on the premises probably are.
Who Is Responsible for Garbage Disposal?
Q: I am having a disagreement with the management company regarding my Los Angeles apartment. Last October, the company had a plumber come in to fix the garbage disposal. It was already repaired twice in 1989, at their expense. Now the management company is saying that I have to pay the October bill because of misuse.
Their contention is that I am responsible for the bill because the plumbing was clogged. I say the plumbing got clogged because the disposal never worked properly.
The rental contract says: “Resident shall be responsible for keeping the garbage disposal clean of all items that may tend to cause stoppage of the mechanism. Resident shall pay for the cleaning out of any plumbing fixture that may need to be cleaned of stoppage, if stoppage is caused by resident.”
So, who is responsible for this plumbing expense?
A: The owner will likely either deduct the money to pay for this expense from your security deposit or he may sue you in Small Claims Court to collect it.
The plumber’s testimony would be most likely to influence a judge because he is presumed to be a disinterested third-party witness.
In other words, if the plumber says, in his professional opinion, that the stoppage occurred as the result of your negligence, you are probably liable. If the plumber says the stoppage occurred because the disposal did not operate properly, you win.
Mail your questions on any aspect of apartment living to “Rentformation , “ Apartment Assn . of Greater Los Angeles, 621 S. Westmoreland Ave., Los Angeles, Calif. 90005-3995.
