Management May Not Be Required to Make Some Repairs

Question: We live in Glendale and last year wrote to our property management company requesting repairs, including but not limited to acoustic ceilings, carpet, floors, appliances, woodwork finish and fixtures.

The property management supervisor wrote back and said that the company would be happy to do the work but that they wanted to raise the rent to offset the expenses. The company also required us to sign a one-year lease before doing the repairs.

I wrote back and told them that it is illegal to hold repairs hostage for higher rent, but I would be more than happy to pay the increase because it was small and the rent had not been raised since we moved there in 1994.

I told them that I expected the repairs to begin immediately after I paid the increase, which was June 1999. It is now April 2000, and they still have not repaired the acoustic ceiling or replaced the carpet.

All of this is well-documented in writing in case legal action becomes necessary. Now I am wondering: Should I write and remind them of their agreement or should I wait to see what happens?

Answer: Your letter says that you informed the management, possibly in writing, that you “expected the repairs to begin immediately after” paying the rent increase. Since you don’t indicate that was a problem, I assume that they did. Your letter does not say when repairs were to have been concluded, which is the key.

They may already have fulfilled as much of their part of the bargain as your “contract” [as established in your correspondence with them] requires. Apparently they already have taken care of the floors, appliances, woodwork finish and fixtures, presumably starting the work immediately after the rent increase took effect.

The contract may not require anything else of them other than finishing the work before you move out, meaning that any legal action taken by you at this point would be a waste of your time.

Nevertheless, it would not hurt to ask them about the schedule for the remainder of the work. Just understand that you probably have little or no leverage to make them move any faster.

You also say that you informed them that it is illegal for them to hold repairs hostage for higher rent. While it is true they cannot withhold habitability related repairs in lieu of a rent increase, most of the repairs you cite in your letter appear to be cosmetic.

Cooperation Is Key to Early End of Lease

Q: I live in Hollywood and I have a question. I am in the middle of a divorce and my husband and I are desperately trying to get out of our apartment lease, which has 11 months left on it. We are looking for other people to take it over. Any other suggestions?

A: Unless the owner will agree to let you out of your lease, getting someone to take it over for you is your best option, assuming it is assignable. The good news is that because there are not a lot of vacancies out there, if the lease is assignable it should be relatively easy to find suitable replacement renters for it.

State law does not automatically require the owner to accept replacement renters just because they meet financial and credit standards. It also does not require the owner to find them for you.

In addition to advertising the vacancy in the traditional places such as the classified section, you also can advertise it in ways that don’t cost any money. For instance, advertising on bulletin boards in local laundries and supermarkets can be effective.

Also, check with large employers or educational institutions to find out if they provide any housing location assistance to their employees. If nothing else, they too may have bulletin boards on which you can advertise the vacancy free.

If you haven’t done so yet, it wouldn’t hurt to ask the owner for help in marketing the vacancy. Also, ask your friends, neighbors and family for help.

Owner May Evict Only to House Close Relative

Q: I have lived in my Los Angeles apartment for 24 years. Now it has been sold. The new owner has requested that I move out because he wants the unit for a family member. He also wants all of the other tenants who have lived here for as long as I have to move out. Does he have the right to refuse the monthly rent, and how much is the relocation fee for a single person?

A: The owner does have the right to require you to move out in order to move in a family member. It must be a close family member to qualify, i.e., parents or children.

I assume that the property is covered by the city’s rent-control law, because he would not have to state a reason or pay relocation fees to evict you if it weren’t.

There are two levels of relocation compensation, $2,000 and $5,000. Those with minor children, the handicapped or senior citizens get $5,000. Others get $2,000. The amount of relocation fee is not related to the number of tenants in the unit.

You also state that the owner wants all of the other long-term tenants to move out. Here’s where he may have a problem. If he is merely trying to get the renters out to raise the rents, you may have a wrongful eviction claim. He must evict in “good faith” in order to move in a family member, which sounds at least questionable based on your letter.

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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. Mail questions to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.