Cite Liability in Complaint on Cats, Open Doors

QUESTION: I live in a newly remodeled, two-story, eight-unit apartment building in Beverly Hills and I am having a couple of problems with which I’m hoping you can help me.

Problem No. 1: Tenants in the building are allowed to have cats, about three do. That’s fine, except when they run freely in the halls and common areas of the building.

It’s bad enough that they defecate in the building and leave hairballs lying around, but on one occasion a cat ran swiftly by me while I was walking down the stairs, which caused me to lose my balance.

The potential for an accident here is greatly increased by the cats. Is there anything I can do to force the tenants, or management company, to keep the cats inside the apartment units?

Problem No. 2: One reason I moved into this building is because it was represented as a security building. To me, security means privacy, safety and no unwanted visitors. That’s not what I’m getting. The front and back “security” doors are usually propped open, which allows anyone access. I always close them when I find them open, which is most of the time.

Since we park in a non-security carport that is located behind the building in the alley, there are often transients rummaging through the trash for recyclables. They make me very nervous, rape, mugging, burglary, etc.

Is there anything I can do to enforce getting the tenants or management to keep doors closed? If not, can I ask for a rent decrease?

ANSWER: The situation with the potential security problems created by the transients is similar to the cat problem.

In both situations you have advised the management, presumably in writing, of potential liability problems, safety and security, and how it can take steps to help ensure your safety and security.

The management’s failure to take steps to keep the cats indoors, and keep the doors closed, after being notified of the potential dangers created by failing to act, could leave it partially, or wholly, liable in an ensuing lawsuit following a mishap.

Similarly, if you are tripped up by a carousing cat, or mugged by a troubled transient, the tenant whose cat it is, or who left the door open, may share the liability, as well as the owner of the property.

It is unlikely that you can get a rent decrease for either of the conditions you describe. Since you have far better negotiating power, because of the conceivable culpability of the management, owner, and your fellow tenants, you should proceed on that basis.

If you’ve previously written to the management about these problems, do so again outlining the liability issues. Try to write the letter to educate rather than writing it in a threatening manner, as you may be tempted to do.

‘Free’ Apartment Has Tax Strings Attached

Q: I am a resident manager in a Los Angeles apartment building and I have a problem for Apartment Life. I have worked for four different property management companies in California, but only the one that I work for now does something different with which I totally disagree.

Once a month they take an “apartment allowance” and add it to my income. Then, they take it back out as a deduction, on which I have to pay state income tax. (To add insult to injury, the apartment includes my office.)

All of this puts me into a higher tax bracket at the end of the year, by as much as $4,000 to $5,000. None of the companies I worked for in the past did this. Is it legal? I was never told of this when I took the job. All I was told was that I would get a free apartment. Is there anything I can do?

A: The practice you describe, crediting you with income for the value of the apartment and then taking your apartment “income” as a deduction on their own taxes, is quite legal. And while it may conflict with your manager agreement, there may not be much you can do about it.

If your written agreement says, as you say they told you, that you get a “free” apartment with the job, then the management company is violating its agreement with you. Unfortunately, if that’s the case, and the company refuses to renegotiate and give you more income or less credit for the apartment, quitting the job is your only remedy.

Of course, you could sue the company in small claims court for up to $5,000 for the misrepresentation, again, assuming that “free rent” is written into your manager’s agreement.

If they verbally told you that you got a free apartment, and you subsequently signed a written agreement without any such language, prevailing in court will be far more difficult, if not impossible.

In the future, make sure that you carefully review any written contract, or agreement, before signing on the dotted line and commencing work. In general, your written agreement will supersede any previous oral agreements you made.

Postema is the editor of Apartment Age Magazine, a publication of the Apartment Assn. of Greater Los Angeles (AAGLA), an apartment owners’ service group. Mail your questions on any aspect of apartment living to Apartment Life, AAGLA, 621 South Westmoreland Ave., Los Angeles, Calif. 90005-3995.