Neighbor’s Filthy Unit Raises Concerns

Question: What are the health code regulations regarding excessive filth and clutter in apartments?

I just became aware of the deplorable condition of an adjacent apartment. The rooms are littered and items are stacked so high that there are narrow paths through the unit. Dirty dishes are weeks old and rotten food is on the counters. The trash is overflowing and canned goods are so old that some have even exploded. The unit is clearly infested with bugs and vermin.

The tenant is an alcoholic and seems to be incapable of caring for himself. There has been so much turnover in ownership and management that I’m sure no one is aware of the problem.

I have lived at other properties where they performed an annual inspection, but they don’t do that here. I really don’t want to move and don’t want to tell management. What should I do?

Attorney Ted Smith replies:

This is a tough situation. The landlord is responsible for maintaining the premises in a habitable condition. But, defects cannot be caused by the misuse or neglect of the tenant. If they are, the landlord is not responsible.

The tenant can be evicted for damaging the premises. Based on the severe nature of the filth in the offending tenant’s unit, I would recommend that this landlord go ahead and evict the tenant and make all necessary repairs after his departure.

The change of ownership is problematic. I think you should advise the new owners of the nature and history of the problem. Tell them you won’t take further steps but you want immediate action.

You could also call the building inspector. Adult Protective Services could be called to assist the tenant with his problem.

Attorney Steven R. Kellman replies:

A landlord is prevented from making routine inspections since these would be a violation of the tenants’ right of privacy. Entries into a rental unit by a landlord may be made after reasonable notice and for specific purposes such as repairs, improvements or for showing the place to new renters.

Here, the apartment condition probably went undetected because there was no need to enter the unit. No complaints for repairs (or regarding the apartment’s condition) may have been made to prompt such a visit.

A tenant who pays the rent with no complaints is a valued renter not to be disturbed by most landlords. If the landlord has supplied a habitable dwelling and receives no complaints from or about this tenant, he may not feel the need to interfere with his lifestyle. If you believe, however, that this tenant’s lifestyle places him or others in danger for their health and safety, you should notify the landlord or the appropriate authorities about the situation.

Communication Is Key When It Comes to Repairs

Q: I live in a non-rent controlled area. Can I withhold rent until repairs are made?

Property manager Robert Griswold replies:

It depends on the repairs. Health and safety or habitability items are potentially eligible for “repair and deduct” statutes in California; however, you must provide the owner with reasonable notice and the opportunity to make the repairs in a timely manner. The seriousness of the problem will determine the length of time the owner has to make the repairs. (The appropriate California Civil Code section is 1942.2.)

As a property manager, I would advise you to be fair and realistic about your expectations and be sure to give the owner or manager every opportunity to correct the problem, if not a serious habitability or health and safety item. I often hear complaints about landlords not addressing repairs only to find out that written notice was never given. I have also heard of many instances where the landlord or his repair person attempted to make the repair, but the tenant failed to advise the landlord that the work had not been completed correctly.

Communication is the key. If you lived in a rent controlled area, then you would also want to contact your local rent control board, as they often have additional requirements that owners must meet.

Smith replies:

Griswold correctly points out the general rule regarding “repair and deduct” in non-rent controlled areas of California. As the landlord’s attorney, I caution tenants on using this procedure.

First, the landlord must be given written notice and an opportunity to cure the defects before the tenant can take any action. The problems must be serious--posing a substantial health and safety hazard. The tenant has no right to repair and deduct if the defects are minor or cosmetic in nature.

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This column is written by property manager Robert Griswold, host of “Real Estate Today!” (KSDO-AM [1130], 10 a.m. to noon Saturdays), and attorneys Steven R. Kellman, director of the Tenants’ Legal Center, and Ted Smith, principal in a law firm representing landlords. Send questions to Rental Roundtable, Real Estate section, L.A. Times, 202 W. 1st St., Los Angeles, CA 90012; or e-mail rgriswold.latimes@retodayradio.com. Questions should be brief and cannot be answered individually.