Landlady Must Give Tenant Copy of Lease

QUESTION: I have been renting an apartment in Santa Monica for the past four years. When I initially signed the lease, which included a substantial monthly charge for the rental of “furniture” (refrigerator, etc.), I neglected to get a copy of it.

I have been requesting a copy of the lease for more than a year now, but my landlady continually makes excuses for not providing one. Is she required to honor my request?

ANSWER: According to Tony Trendacosta, general counsel to the Santa Monica Rent Control Board, “There is nothing specifically in Santa Monica’s rent law addressing that. However, the Santa Monica rent control regulations require a separate agreement for separate amenities.

“For the separate agreement to be legal, it cannot include an item which is a base amenity (furnished with the unit when rent control was enacted) included with the rental unit. An amenity (other than a base amenity) must be negotiated separate and apart from the actual lease agreement for the unit, which means that the tenant can terminate the separate agreement without being evicted.”

There is no state law requiring the landlord to supply you with a copy of the lease agreement, either.

In the future, always get a copy of a contractual agreement at the time you sign one. If copies are unavailable, don’t sign until they are.

What to Do About Secondhand Smoke?

Q: For about four years now, my husband and I have been experiencing secondhand smoke originating from the air duct system in our Los Angeles apartment.

Evidently, the renter who lives upstairs is a chain smoker and this smoke is somehow transmitted from his unit to ours when either the heat or air conditioning units are engaged.

Also, we have learned that the smoke becomes so thick in his apartment that it is necessary for him to disconnect his fire alarm to smoke his cigarettes in peace and quiet.

After numerous complaints to the management and owners about this situation, a company was hired to come out and inspect the system. At that time, we learned that we were being exposed not only to secondhand smoke but also to carbon monoxide because the heating/cooling unit leaked.

It was replaced, and the owner of the building also gave us a couple of air filtration units for the bed and living rooms. However, we continue to inhale secondhand smoke.

Here are our questions: Isn’t it illegal for the upstairs tenant to disconnect his smoke alarm? How potentially harmful is this situation? Is there an agency that can perform inspections to detect carbon monoxide and secondhand smoke emissions? Also, do we have any rights regarding this unhealthful situation?

A. I’ll answer your four questions as you’ve asked them and attempt to clear the air with regard to your questions. It is illegal for a renter to disconnect his smoke alarm. You first should notify the owner about this situation. If she does not take action to correct it, or if the tenant continues to disable the alarm, you can notify the Los Angeles Department of Building & Safety at (213) 485-7091.

The department, at its discretion, may cite the owner to fix the smoke alarm. He, in turn, could evict the tenant if he continues to disable the alarm.

The answer to your second question, “How potentially harmful is this situation?” would depend upon whom you ask. The tobacco lobby might say there is no problem while many would disagree.

I am far from an expert in this area and would recommend talking to your doctor about potential health complications, particularly if you have any respiratory problems.

I am unaware of any government or consumer agencies that test for carbon monoxide emissions. Private heating and air conditioning companies, which your owner probably used to replace the heating/cooling unit, do that.

Also, there are products available on the market about the size of smoke detectors that you can buy and easily install that measure such emissions, however, they won’t solve your problem.

According to Stephen Masek, owner of an environmental and engineering consulting firm, “The best filter solution to tobacco smoke, pollen and other dirty air problems are electronic ionization/electrostatic units built into forced-air heating/cooling systems.

“These units can be added easily to existing systems. Most install at the return air duct at the furnace. Also, Emerson makes a unit that is installed at a return air register location in a wall or ceiling.

“They typically cost $500-$1,300 installed, and since they do not work unless the furnace blower is running, it may be wise to run the blower continuously in this situation.”

I would talk to the owner about the possibility of getting one of these types of filters installed to solve your problem.

As for your rights in this situation, California’s relatively new no-smoking law does not apply to residential structures, which include apartment buildings.

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Postema is the editor of Apartment Age magazine, a publication of the Apartment Assn. of Greater Los Angeles, an apartment owners’ service group. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, Calif. 90025.