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Amorous Tenant Not Owner’s Problem

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SPECIAL TO THE TIMES; <i> Postema is the editor of Apartment Age magazine, a publication of The Apartment Assn. of Greater Los Angeles, an apartment owners' service group</i>

QUESTION: I was recently stalked by a male tenant in the Downey apartment complex in which I live. He left sexually explicit notes on my door and even came to the door one night.

I contacted the police and they questioned him. He says he doesn’t see anything wrong with what he’s doing, but I was still able to get a restraining order to keep him away.

For the record:

12:00 a.m. March 7, 1993 For the Record
Los Angeles Times Sunday March 7, 1993 Home Edition Real Estate Part K Page 11 Column 6 Real Estate Desk 1 inches; 28 words Type of Material: Correction
Serious problem--A headline on the Feb. 28 “Apartment Life” column (“Amorous Tenant Not Owner’s Problem”) used incorrect language to describe the serious problem of stalking. We regret the mistake.

I have since learned that he has four other restraining orders against him in other localities.

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Although, I have the restraining order against the man, it is disheartening to know that he lives right across from me and can even see into my apartment.

The apartment manager knows about him but hasn’t done anything about the situation. Is there any way he can ask this tenant to vacate his apartment before he tries this same type of thing on someone else?

ANSWER: While the owner has the right to attempt to evict this tenant, he is not obligated to do so. Given the expense of an eviction, and the high number of vacancies due to the recession and overbuilding, it may be difficult to persuade the owner to evict.

Eviction costs in L.A. County average between $400, if the tenant doesn’t fight it, up to about $2,500. At the same time, vacancies are averaging between 10% and 15% across L.A. County. (A federal HUD standard says that a 5% vacancy rate represents a healthy rental market.)

Given those numbers, you might be better able to persuade the owner to evict this tenant if you have a replacement tenant for the unit or if you are willing to share some of the expenses of the eviction.

If you can’t convince the owner to evict, it will probably be difficult to compel him to do so. Many rental agreements, like the one printed by the Apartment Assn. of Greater Los Angeles (AAGLA), specifically absolve the owner from my responsibility in such situations.

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The AAGLA agreement says, “Renter, and all persons in or about the premises with Renter’s consent, shall comply with all Rules and Regulations made by Owner, from time to time, and delivered to Renter, including House and Pool Rules.

“Owner shall not be obligated to enforce any such Rules and Regulations, or the terms of any other Agreement, and Owner shall not be liable to Renter for any violation of such Rules and Regulations or other agreements by any other renter or person. . . .”

If you can’t persuade the owner to do anything about this tenant, and the discomfort level is just too high to handle, you may have to move to resolve the problem. The good news is that if you have to move, because of those high vacancy factors, there are some good rental rates out there. Good luck.

Negotiate Return of Deposit Before Suing

Q: I need some information about the security deposit from my former Los Angeles apartment. For a short time I lived there, while I was between jobs. I had an apartment for which I paid the first month’s rent and a one-month security deposit.

Then a job offer came up in Northern California, but I had to act fast on it. I did, and now I have a job here in Millbrae, where I now live. I’m hoping you can help me with my security deposit refund problem.

At the time I moved out, I gave a 30-day notice and paid the last 30 days’ rent, even though I didn’t live in the place at all. I also left the place clean when I moved out, just like it was when I moved in. Although I wrote to the manager of the apartment twice giving him my new address, I have received no word about the status of my security deposit. This has been four months now and that’s why I need your help.

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Is there anything I can do to get my deposit back short of returning to Southern California and suing in small claims court for its return? Also, if the apartment was re-rented after I moved out, and before the 30 days from the date of my move-out notice, am I entitled to a refund on that rent?

A: I have good and bad news for you. The good news is that if the apartment was re-rented during that time, you are entitled to a rent refund for the number of days the unit was rented.

The bad news is that if the owner won’t willingly refund your security deposit, you will have to file a small claims court action in Los Angeles County, where the incident occurred.

Assuming there was no damage to the unit and it was left clean, you are probably entitled to a full refund of your security deposit, since there is no question about unpaid rent.

Of course, you are also entitled to any double rent the owner may have collected. You may also seek damages from the owner because he was obligated to contact you about the deposit within 14 calendar days of your last day of tenancy, assuming he knew where to contact you.

As always, a negotiated settlement between you is better than getting involved with the courts. Perhaps, you can motivate this owner to refund any portion of the deposit you may be due if you indicate to the manager that you are aware of the penalties for noncompliance with the law on security deposits.

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They authorize the court, at its discretion, to fine the owner $200 in addition to any actual damages you may have incurred for not refunding the deposit or providing you with an accounting of how it was spent.

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