Don’t Sweat Lost Rental Papers

QUESTION: I have lived in my Long Beach apartment for over seven years. When my Army reserve unit was mobilized recently, I discovered that I had misplaced or lost my rental agreement.

I contacted both the on-site manager and the owner of the property for a copy of the agreement, so my husband will have it in case he needs it. I was told by the manager that the agreement is kept in the corporate offices, located in Beverly Hills.

Starting last August, I made four separate requests for a copy of the rental agreement. Finally, the other day the manager left a phone message indicating that due to a fire at the management company’s office, the original rental agreement was destroyed.

The message came only two days prior to my unit’s activation. I immediately contacted the management company again and requested that a new rental agreement be executed so that my husband, who did not live with me when I rented the apartment, would know about the cleaning and security deposits, and the terms and conditions of tenancy.

What recourse do I have to compel the property owner or manager to issue a new rental agreement?

Also, if you lived in an apartment for over seven years and paid a “cleaning deposit,” would you expect to get the deposit back if you cleaned the apartment extremely well?

Since the carpet is ripped and will have to be replaced, and they are replacing the drapes in all vacated units with vertical mini-blinds, I can’t imagine their charging me anything for them. But what about the paint? Can they charge me for repainting after seven years’ occupancy?

ANSWER: While there is debate about precisely what constitutes “normal wear and tear,” just about everyone agrees that seven years exceeds it for painting. You should not be charged anything for painting.

It also seems as if it would be difficult for the owner to charge you anything for ripped carpeting that is more than seven years old. Ditto for the drapes.

Cleaning, on the other hand, is timeless. If I cleaned an apartment “extremely well,” after any length of stay, 20 days or 20 years, I would expect my full cleaning deposit back. Two of the best kinds of evidence of thorough cleaning include pictures and, better, a move-out checklist form to be filled out when you vacate. At that time, you and the owner or manager go through the apartment room by room and note its condition.

The rental agreement question is more difficult to pin down. There is no way to compel the owner to issue a new agreement, but you don’t really need one. The written agreement protects the owner far more than it does you.

For instance, the written agreement could limit occupancy to, say, two people. Absent the written agreement, it’s the owner’s word against yours when it comes to a third roommate.

A written agreement could also prohibit pets. Without the written agreement, again, you could claim that the owner verbally allowed pets when you moved in seven years ago. In other words, you’re probably better off without a written agreement.

Of course, you still want to know the amounts and disbursements of any deposits you have at the property. The owner and management company probably don’t know what they are offhand. Since they don’t seem motivated to find out what they are, you might be better off checking your own records.

If you think you paid by check, review those records. Otherwise, if you still have receipt records going back to when you moved in seven years ago, check those.

Also, the Soldiers and Sailors Civil Relief Act of 1940 offers you, as an activated serviceperson, and your husband certain extra protections from civil liabilities, including eviction.

No Entitlement to 24-Hour Service

Q: In the Feb. 10 Apartment Life column, entitled “Manager Must Reside on Site,” I had some additional questions about on-site apartment managers. For one thing, who enforces the law? Also, can the manager set his own hours?

In the Monterey Park apartment where I live, the manager’s hours are from 9 a.m. to 5 p.m., Monday through Friday. The apartment complex consists of 152 units, and we sometimes have to wait until Monday when maintenance problems occur on the weekend. I believe that the tenants should have 24-hour service. Are we entitled to it?

A: You are not entitled to 24-hour service for residential maintenance under any state or local laws of which I am aware. Rather, apartment owners and managers have, in general, three days to fix “emergency” maintenance problems and 30 days to fix others.

As for your other questions, the law, as it concerns the relationships between apartment owners and their managers, is governed by the state.

A manager’s hours are mutually agreed upon between the manager and property owner, to conform with state standards of employment. There are no state standards requiring weekend work by apartment managers.

Mail your questions on any aspect of apartment living to Apartment Life, AAGLA, 621 S . Westmoreland Ave . , Los Angeles, Calif . 90005.