Is 30-Days Notice Same as a Month?
QUESTION: I live in Downey and I have a question about 30-day notices. On Feb. 1, I wrote a letter to the apartment owners, not the premises manager, explaining some conditions of the apartment complex, like trash and bicycles in the hallways and a constantly messy laundry room, and indicated that I would be looking for another apartment.
On Feb. 2, I put a notice in the manager’s box indicating that I would be vacating. A couple of days later I got a notice saying that I would owe 30 days rent, to March 4.
Can they charge me the full 30 days rent even though there were only 28 days in February?
ANSWER: Assuming the manager, to whom you normally gave notices and from whom you received them, was notified of your move on Feb. 2, the owners can charge you the full February rent plus four days of March rent.
That’s because the California Civil Code specifically says landlords are entitled to 30 days notice of renters’ intention to move, and Feb. 2 to March 4 is 30 days, the legally required notice period. They also, of course, are entitled to 30 days rent.
You were smart to put the notice in the manager’s box on Feb. 2, even after mailing it to the landlord on Feb. 1, since you likely usually received from and gave notices to the manager. The person from whom you normally get notices is the person to whom you should give them. Otherwise, there may have been a problem with service of the notice if the owner never got it, or said he didn’t.
How Can Tenant Deal With Noisy Neighbors?
Q: I have lived in my Los Angeles apartment for the past 14 years, and I am having problems with some of the “new” neighbors who moved in three years ago. Since they moved in, I have had nothing but trouble with them.
The owner removed their carpet recently, leaving them with hardwood floors. It seems that they always wear hard-heeled shoes on these hardwood floors, even to bed, as I hear them even when they get out of bed in the morning. They also play with their two dogs loudly and have been known to use some kind of a drum machine that rattles the walls.
I have complained to them and have written numerous letters to the owners about the noise. I also requested that the owner install carpet in the apartment over my bedroom, but all my complaints and requests have gone unheeded.
One night I got so mad that I went up to their apartment with a baseball bat and banged on the wall loudly asking them to stop the noise. Then they complained. They even threatened to get a restraining order due to my “violent nature.”
I did call the police and they said that they would come out, but there is not a lot that they can do if the noise is quiet when they get here. A person can only tolerate so much and I believe that I am being harassed by these people. Other than moving, do I have any recourse?
A: You have used most of the strategies that I would recommend to you (other than the baseball bat) for trying to deal with these hard-heeled hard cases.
Your neighbors don’t seem to want to get along with you or hold the noise down, and the owner seems unwilling to get involved. There probably is no way to force him to get involved in this dispute.
But here are a couple more ideas for dealing with the problem.
Since the owner is unwilling to carpet their unit, it seems unlikely that he will soundproof your ceiling. He may, however, allow you to do so. It wouldn’t hurt to ask.
A less expensive alternative, at least while you’re sleeping, would be to wear earplugs or ear muffs to muffle the sound. If that is unacceptable to you, your only remaining option may be to move.
Interest on Deposits Counts on Condos, Too
Q: I live in Playa del Rey, and I have a question about interest on security deposits in rented condos. I have heard that apartment dwellers are entitled to full refunds of their deposits and interest on these deposits when they vacate their units.
Is this true? Does it apply to condo renters, too?
A: The Los Angeles city ordinance to which you refer, No. 166,368, section 151.06.02, requires owners of rent-controlled properties in Los Angeles to pay their renters 5% simple interest per year on security deposits or to credit their rents for that amount.
Under the law, rented condos are included as qualifying rentals unless they are specifically exempted from the rent law. Since Playa del Rey is a part of Los Angeles, your rented condo may qualify for the interest payment.
Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group, and manager of public affairs for the California Apartment Law Information Foundation, which disseminates information about landlord/tenant law to renters and owners in California. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.
