Tenant Wants Landlord to Ask Before Entering
Question: I live in a Silver Lake apartment building that was constructed in 1957. Because of its age, it frequently needs repairs. I have read in your columns that a rental owner may only enter an apartment if he calls or makes an appointment.
On many occasions my property owner has entered my apartment while I was out, which I don’t like. I am retired, so I can arrange to be home if he wants to come in. What is the legality on his right to enter my apartment?
Answer: California law requires a landlord to give you “reasonable” notice of intention to enter, except in an emergency. Twenty-four hours’ notice is presumed to be reasonable by the law, but it may be altered by the circumstances.
Under “emergency” circumstances--water pouring into the neighbor’s apartment from yours, for example--the landlord may enter without any notice at all. That makes sense because by fixing or shutting off the water, the landlord is protecting both his property and yours.
A notice of intent to enter may be personally delivered to you or, in your absence, posted on your door. There are many other exceptions to the rule.
If, for instance, the owner is having the apartment fumigated and you will be required to move things and remove or seal up food to protect it, “reasonable notice” would more likely be interpreted as three to seven days.
Longtime Tenants Share Their Space
Q: My family and I have rented our three-bedroom apartment in Los Angeles for more than 40 years. We have done this with four owners over the years. Five tenants have always lived in the unit all of this time.
Now it’s just my grandmother and myself from our family, and the apartment owner says the three additional tenants to whom we are subletting cannot stay with us. We have always paid our rent on time for the 40 years we have lived here. Can the owner state who can and cannot live with us?
A: The lease or rental agreement usually states clearly how many people are allowed to live in an apartment unit. However, it’s impractical to expect you or the current owner to have a copy of the original 40-year-old agreement.
I’m assuming that your apartment building is covered by Los Angeles rent control law. If so, the number of people allowed in the unit is the number that lived there when rent control became effective in the city, more than 20 years ago.
According to your letter, that was five people. But there is a catch. Though the landlord cannot dictate who can live with you, he does have the right to deny prospective tenants who do not meet his income and credit-worthiness standards.
If the tenants to whom you rent lived in the unit when the current owner bought the property, he must accept them as tenants. If they moved in after that, he has the right to check their credit and, if it is unsatisfactory, to turn them down.
No Waiver Can Legally Void Relocation Fee
Q: I am confused regarding a matter with my current landlord. About two months ago my apartment complex, consisting of a duplex and a guest house, was bought by new owners. The new owners would like to remove the rentals and replace them with condos in about six months.
According to the lease I signed in 1996, there is a statement saying I will “waive any and all rights for relocation fee as it is required by the city of Los Angeles.”
I called the city’s Renters’ Hotline and was told that renters in good standing under rent control in the city of L.A. are entitled to relocation fees in no-fault evictions. I would like to know if I can pursue the $2,000 relocation fee that is available to single renters such as myself.
A: You can pursue the relocation fee. As you apparently know, a single renter is entitled to $2,000. People age 62 and older, or with disabilities, or with children under 18 are entitled to $5,000.
You cannot sign away your rights to relocation money under the Los Angeles rent control law. The clause about waiving fees is illegal and therefore unenforceable.
Moreover, the ordinance, in Section 151.09H, provides for stiff penalties (including attorney fees and damages) against owners who dodge relocation fees.
If I were you, I would make the new owner aware of these issues, perhaps by showing him a copy of this column. It is particularly important for you to present the information in a nonconfrontational manner because you will be occupying the unit for a few months before moving.
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.
