Negligent Tenant Should Foot Bill
QUESTION: I had a fire in my apartment that was caused by a halogen lamp that I owned. It ignited a set of curtains, melted the mini-blinds and damaged the carpets and paint on the walls.
At the time of the fire, neither of the smoke detectors in the apartment were working. I informed the landlord on the next day, but it took more than a week to get the smoke detectors replaced. It was seven more weeks before they repainted.
Now, I’ve gotten a bill for $150 for repainting. I tried to talk to the landlord about this charge, but he told me that he would deduct it from my security deposit when I move out if I don’t pay it now. He claims that the smoke detectors were damaged by the fire.
I have two questions. Who is responsible for smoke alarms in apartment units? Also, am I responsible for the damage done by the fire, even though the smoke detectors weren’t working?
ANSWER: Since you had control of the lamp and admit that it caused the fire, it’s much more likely that if anyone is negligent with respect to the fire it is you. You should not have heated discussions with the landlord about this one.
Are you responsible for the damage? Probably, if you were negligent, and that appears to be the situation since you don’t deny it or call the incident an accident. The owner certainly is acting as if you were negligent, and you don’t question that either.
You question whether the allegedly nonworking smoke detectors make the landlord somehow liable. Though the landlord is responsible for the smoke detectors in your apartment, they had nothing to do with starting the fire. Even if one had short-circuited and caused the fire, it is unlikely that your landlord would have been liable for damages unless he had knowledge or notice that a detector was faulty or might cause a fire.
Often, calamities like fires, tornadoes and hurricanes (earthquakes are usually considered separately) are known as “acts of God,” meaning that no one is at fault. Damages from such tragedies can be covered by insurance, either owners’ or renters’.
Many renters mistakenly believe that their personal possessions are covered by an owners’ insurance policies. They are not.
Renters must buy separate insurance policies, called renters’ insurance, to cover their belongings. The owner’s insurance covers only his losses, such as damage to the building or lost rents.
3% Annual Rent Hike Meets Terms of Law
Q: I moved into a two-bedroom Los Angeles apartment in February 1997. I had been living in a one-bedroom apartment in the same building for 12 years before that.
The new rent for the two-bedroom was $650 a month. Then I got notice that the rent would rise to $670 a month, effective May 1. Is this rent increase justified after little more than a year in this unit? What is the law for rent increases in apartments?
A: This rent increase was justified after one year in the unit, which appears to be rent controlled by the city of Los Angeles. The L.A. rent law limits general annual rent increases to 3%, the amount of your increase, for all controlled units.
Therefore, under the rent control law, the rent increase could have been effective on Feb. 1, 1998, if the owner had served you with 30-day notice to raise the rent on or before Jan. 2.
The fact that you lived in the building for 12 years before moving does not affect the situation. You and your neighbors in the building probably did not get annual rent increases before this year because of the recent recession, which drove rents down in many units.
Landlord Isn’t Liable for Tenant’s Dented Car
Q: I have been living in my Cypress apartment for the 2 1/2 years. Because of the small clearance between parking spaces, my car has been damaged on the side with small indentations from the next car.
I believe that the dents are not intentional, but they are becoming more visible and numerous. What can I do about this? Who is liable for the repair? I would not mind splitting the cost into thirds: myself, the neighbor and the landlord. What do you think?
A: Of course, everything is negotiable, especially in real estate. Unfortunately, I can see no reason why the owner would want to negotiate in this case, unless he parks next to you and dents your car or the parking spaces are so small that it is not possible to enter or exit your car without hitting your neighbor’s and vice versa.
Since that seems unlikely, you will have to prove that someone either intentionally or negligently damaged your car to prevail in a case in Small Claims Court.
Unless your neighbor admits to damaging your car, you will need one or more witnesses to prove your case, or you may stake out the parking lot armed with a video camera, which makes a pretty good witness.
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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.
