TV reception is not a tenant right

Question: I rent an apartment in Orange County and when I moved in nine months ago I just plugged the TV antenna into the cable-ready outlet on the wall and got local stations plus basic cable at no charge.

About a month ago, I arrived home and found a cable company card stuck in my door. I threw it away and flipped on the TV. The local cable company has disconnected my service and wants me to pay for it now.

I live in a very expensive area and I can’t afford cable.

Is there a basic set of things a tenant can expect when renting and is television reception one of them? Rabbit ears don’t work here because of the terrain.

Answer: There are basic things you can and are legally entitled to when renting an apartment. Good TV reception is not one of them. The things you can expect are related to the habitability of the apartment. Among several others, habitability issues include roofs that don’t leak, plumbing that works and heat. Television reception does not relate to the habitability of an apartment.

Because you say you can’t afford cable TV, satellite -- the costs of which are comparable to cable -- does not appear to be an option for you either. Perhaps the area in which you live is too expensive for your means and you should consider moving to a less expensive area or, at least, one with better reception.

Can’t raise rent

in middle of lease

Question: I signed a lease for an apartment that runs from Sept. 1, 2003, through Aug. 31, 2004. Last month, I was surprised to get a letter from the management informing me of a rent increase effective June 1, 2004 -- three months before the lease expires.

I reviewed the lease and found the following: “Either party may terminate the fixed-term lease on or after the expiration date by at least 60 days prior written notice.” Does this mean that they can change the terms of tenancy with a 60-day notice or should the rent remain the same until the lease is up?

Answer: The passage you quoted from the lease clearly says that the terms of your tenancy can be changed by a 60-day notice “after” the expiration date of the lease, which is Aug. 31, 2004. It doesn’t say anything about changing the lease terms before its expiration.

The rent should remain the same throughout the term of the lease, as it states, unless the owners were given some kind of a special dispensation for a rent increase by a court or governmental agency. You should discuss this rent increase further with the management.

Roomie departs but deposit stays

Question: Next month, my roommate will be moving out of our rent-controlled Los Angeles apartment.

We both signed the lease six years ago, but we’ve had a month-to-month tenancy for the last four years. I plan to keep the apartment because the rent is $200 lower than comparable units in the building.

Besides reimbursing the owner for my roommate’s share of the security deposit, which I expect will be refunded to him by the owner, can I expect any other expenses as a result of this change in my tenancy?

Answer: Although the owner may refund your roommate’s portion of the security deposit and ask you to reimburse him for the difference, he is not required to handle it this way. Deposits do not go with tenants but with tenancies.

Since only one of the tenants is leaving, the tenancy continues. This is great news for you. Under the rent-control law, the rent cannot be increased to the market level until all the original tenants of a tenancy move out. Your rent should remain the same with annual 3% inflation rent increases.

If you get a new roommate and subsequently move out of the apartment while he or she elects to stay, the owner will be able to increase the rent to the market level with proper written notice -- either 30 or 60 days depending upon the increase.

Postema is the editor of Apartment Age magazine. E-mail questions about apartment living to AptlifeAAGLA@aol.com, c/o Kevin Postema, or mail to AAGLA, c/o Kevin Postema, 621 S. Westmoreland Ave., Los Angeles, CA 90005.