How to Tell If Kitty’s a Resident

Question: I live in San Pedro, and I have a question about your Sept. 22 column, in which you answered a question titled “Renter Suddenly Acquired Pets.”

You said that the owner must act quickly to have his tenants get rid of their newly acquired pets or he may have to allow them to stay. Could you elaborate on the following questions:

If a three-day notice to correct is served, how do you determine if the violation has been corrected? Under rent control, can you give the tenant a 30-day notice to vacate without first giving him or her an opportunity to correct the violation?

If you end up in court, how do you prove that the tenants did not get rid of the cat as they claimed since you continue to see it?

Finally, how do you respond to the claim, “It isn’t mine. it just hangs around.”

Answer: You may be able to verify whether the cat is still there in the same way that you found out about the pet in the first place. You may also exercise your right to enter the apartment under California Civil Code 1954. Under it, there are a number of reasons to enter a unit with “reasonable” written notice (usually 24 hours).

They include, among others, the right to enter to (1) make necessary or agreed repairs, decorations, alterations or improvements; (2) supply necessary or agreed services; or (3) exhibit the dwelling to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

If the pet is in the apartment while you are there, your case is made.

As to your question about being able to give rent-controlled renters 30-day notices to vacate without giving them the opportunity to correct violations, the answer is no.

Under rent control, you may evict only for “just cause,” which is not the case in uncontrolled areas in the state, where you may serve a 30-day notice to vacate without asserting any cause.

Your third question basically is, “How do I prove my case in court?” It’s a good question because it can be difficult to prove this type of a case in court. A disinterested third-party witness is best but not always available.

If you have no other witnesses (your property manager can be a witness but is not “disinterested”), it all comes down to credibility. Whom does the judge believe? The best thing you can do is to be as honest and straightforward as you can when telling your side of the story and hope the judge’s experience will yield a fair verdict.

Finally, you ask how to respond to the claim, “It isn’t mine. It just hangs around.” One effective response is to let your tenants know that you will be calling the Los Angeles city or county animal control officials to report a stray cat, although they will not always pick them up.

Tenant Must Take Responsibility Too

Q: I live in a duplex in Long Beach and I have a question about water leaks. My landlord lives downstairs and has been very slow to fix things, if at all. For that reason, and because I fear retaliation, I did not press the matter. Rather, I have decided to move.

My two biggest problems are that the garage I rent for $100 a month leaks and some of my possessions were damaged during the rainy season. Inside the house, it leaks so badly that the lath-and-plaster walls have expanded and the paint has turned a rusty color. Can I make the landlord pay for the damaged articles in the garage? Also, can he deduct money from my security deposit to pay for holes in the walls when they need major repair anyway?

A: Generally, things like fire-, wind- or water-damaged possessions, whether they are in the home or garage, should be covered by a renter’s or homeowner’s insurance policy, for which you are responsible. It sounds as though you didn’t have such a policy.

It also sounds as if you knew about the leak and didn’t talk to the owner about it, protect or move your possessions. Unless the owner knew about the problem and did nothing to fix it, he is not liable for any of the water damages.

Even if that were the case, if he were partially liable, you probably would also be partially at fault for the damages since you did nothing to help the situation.

As for the “damages” to the walls, a judge will have to decide if security deposit deductions should be made to fix holes in walls that, according to you, need major repairs anyway. The owner or a judge may see it differently. Generally, if you make holes, you pay.

If the walls are that bad, take pictures to document your claim if you decide to sue the owner in Small Claims Court for improper security deposit deductions.

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