Post-Quake Paint up to Tenant

QUESTION: I live in Sherman Oaks and I have an earthquake-related question for you. Since the earthquake I have been trying to find out whether it is a landlord’s responsibility to fix an apartment back up to its pre-quake condition after an earthquake.

In our 10-unit apartment building, the landlord has patched the walls but indicated that he will not repaint the apartments.

Three of the units were vacant and only required a little touch-up paint. The other seven have been occupied from five to 20 years and have not been painted since they were vacant. The paint has aged and is discolored making touching them up impractical.

What is the landlord’s obligation? Is he required to paint after patching the cracks or is this considered cosmetic? Can we withhold the rent until painting is completed?

ANSWER: While cracks must be patched and touch-up painted, repainting is considered cosmetic. The only way a landlord might have to repaint is if the earthquake were his fault instead of Mother Nature’s.

Generally, you cannot withhold your rent for painting. You can seek the landlord’s permission to repaint or have the unit repainted.

Generally, landlords will allow repainting as long as the color scheme is reasonable or matches the other units in the building. Sometimes, the landlord will pay for the paint or some of it.

Do not repaint without permission. Most leases and rental agreements contain provisions prohibiting alterations to the unit, which includes painting.

Security Gates Add Another Problem

Q: I live in the Palms neighborhood of Los Angeles and I have a problem. Last year the owners of this property installed security gates at the property as a response to the rise in gang-related crime in the area. Unfortunately, they did not install an intercom system with the gates.

When the tenants asked the landlords to install an intercom system, their angered answer was an absolute no. We don’t want to move, and we tried installing individual doorbells, but this was short-lived because when one rang they all rang.

We really believe that we need an intercom system since we cannot have spontaneous visitors or deliveries without it. If we can’t get the owners to install an intercom, we could just as soon have the gates removed. What recourse do we have? If none, do you have any ideas on how we can solve this problem?

A: You probably cannot compel the owners to install an intercom system at the property. Here are some alternative solutions to the problem.

Since the cost of such an improvement is probably a major factor in their decision not to install an intercom system, the tenants can offer to pay for part or all of the system.

This is possible even if the unit is under the jurisdiction of L.A.’s rent control law. According to Shahry Deyhimy, Public Information Officer, L.A. Housing Dept., “They can enter into an additional services contract as long as it is in writing and the parties agree to it.”

If the tenants can’t afford that option, you can try to persuade the owner, or phone company, to install a pay phone at the gate.

How to Turn Vacancies Into Occupancies

Q: I’ve had major vacancies in my L.A. apartment building this past year. The traditional methods of turning vacancies into occupancies just aren’t working. What else can I do to reach prospective renters and drive foot traffic to my property?

A: Because these are tough financial and economic times, particularly in Southern California, you must be more creative in your marketing efforts and try a number of diverse tactics.

Some avenues to explore besides traditional advertising include resident and store incentives.

Resident incentives might include hosting a party for your residents so that their friends will see your units. Also, offering your residents a rent discount or cash for qualified referrals who rent can be effective.

Offering a free month’s rent (for the 12th month of a 12-month lease) attracts other prospects.

Networking with area apartment owners and managers to refer qualified referrals to each other that you or they can’t accommodate can also work.

Cross promotions and incentives in cooperation with local merchants can also help fill those vacancies. For example, you might maintain a list of local merchants in exchange for them posting notices or handing out fliers about your rentals.

If you don’t use them now, signs and banners are yet another inexpensive method for driving foot traffic to your door.