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There Are Some Complaints That a Manager Can’t Resolve

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SPECIAL TO THE TIMES

QUESTION: I live in a 100-unit apartment complex in Burbank, and I am writing on behalf of several of the renters. We have many complaints.

First, would you tell us the rules (or laws) regarding a manager making herself available to the tenants? Our manager shuts down at 7 p.m. and is not available to handle problems or take complaints until the next morning about 9 a.m. She also said that she never works on Sundays.

She lives on the property, as does the assistant manager. The assistant manager has no authority to do anything without a “work order.” Whenever we ask the assistant manager to do something, she says, “I’m sorry; you’ll have to take it up with the manager.”

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We have tried to call the manager’s supervisor at the property management company to complain about her, but she says she does not want to hear complaints about the manager.

Then, instead of keeping this information confidential, she tells the manager that she was called and even tells her exactly what was said. Once, she even gave the manager a signed copy of a letter that a tenant wrote complaining about her.

A couple of weeks ago, we tried to call the owner, and he would not answer the phone. His secretary informed us that he does not want to hear complaints from tenants. He said that was the reason he had a management company.

Some of the tenants have serious plumbing problems, like the toilets not flushing. Others have bathtubs that leak hot water in a steady stream. The manager refuses to have them fixed.

Also, if someone is disturbing the peace at a barbecue or with a television or stereo, the manager says that it is not her problem. She says to call the police.

My neighbor plays his television very loud until 2:30 or 3 a.m. nearly every morning. I have to get up at 4:30 a.m. to go to work, and I can’t even get the manager to ask him to turn his set down.

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She also told me, the day after I complained about the noise, that if my kitchen sink drain clogs up again, she would force me to pay the plumber to have it unclogged.

I have not begun to scratch the surface of the problems relating to this dysfunctional rental complex. What should we do?

ANSWER: Nothing you have said in your letter, other than your complaints about nonfunctioning and leaking plumbing, sounds that inappropriate to me.

State law requires on-site managers in complexes containing 16 or more units. It does not require them to work 24 hours a day. If the manager works from 9 a.m. to 7 p.m. daily, she is working at least eight hours a day, and that assumes she takes an hour for both lunch and dinner.

As for weekend work, you complain that the manager doesn’t work on Sundays. Neither do I. The state of California, and I, see nothing wrong with that.

As for the owner and management company refusing to listen to your complaints, that is not an abnormal business practice. When you don’t let an employee do her job, which includes resolving tenant complaints, chaos quickly ensues.

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For instance, a common problem is when a “he said, she said” scenario develops, in which the complainer plays the two parties receiving complaints against each other, saying, “He said this. She said that.”

Similarly, it is common practice for businesses to require work orders to get work done, as your manager requires of her assistant. This helps ensure an organized work flow while maintaining a budget.

As for noise complaints, they are best handled by the police, as the manager told you. I would never recommend that a manager mediate tenant disputes. It is not his or her job. Managers are not yard monitors.

According to Sgt. Michael Keeffe of the Burbank Police Department, “If we get a complaint of loud noise, whether it be music or TV or anything like that, if the person feels that their peace is being disturbed, then we will contact the person being complained about and that usually takes care of the problem. It doesn’t matter what time of the day it is.

“Noise complaints are of a low priority, and we do try to prioritize calls. If we’re real busy, we’ll take the call and get to it as time allows. If we’re not busy, we’ll go right out.” The Burbank Police Department may be reached at (818) 238-3333.

Finally, you complain in your letter about non-flushing toilets and running hot water in bathtubs. These are legitimate complaints.

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Such problems are handled in the city of Burbank by its License and Codes Department, which may be reached at (818) 238-5283. If it’s a code violation, like a non-flushing toilet, the city will take action, but only after you have notified and attempted to have the landlord or manager take care of the problem.

As for having you pay to unclog a kitchen drain (or toilet), that depends upon its cause. The plumber should be the one who determines that.

For instance, if the clog is caused by something like sediment or roots, the manager cannot require you to pay to have it unclogged.

If, on the other hand, it is clogged because of something you put down it, you may be charged.

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Kevin 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, CA 90025.

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