Compensation for termite tenting depends on the rent

Question: I live in a four-unit apartment building in Costa Mesa. My landlord is having the building tented for termites from Thursday through Saturday. What are the guidelines regarding compensation for lodging, food, pet accommodations etc.?

Answer: Under the law, the amount of compensation you are due depends on the amount of monthly rent that you pay. Language in standard lease or month-to-month rental agreements frequently reads: “pest control, fumigation, extermination: Upon demand by owner, renter shall temporarily vacate the premises, for a reasonable period required, to allow cited or needed repairs, pest or vermin control work to be done. Rent shall be abated during renter’s absence.”

Because of this last sentence, the owner’s liability to you for your absence from the unit for three days would be limited to the value of three days’ rent. For example, if your monthly rent is $900, the daily rental value of your apartment is $30 (all months are based on 30 days regardless of their actual number of days). Three days’ rent times $30 per day is $90, which is the amount of compensation or rent credit you are due.

Messy neighbor? County can help

Question: My roommate and I share a Sherman Oaks apartment in a four-unit apartment building. The neighbor below has always had poor cleaning habits, but now the problem is affecting our living situation. The stench of excessive smoking, filth and pet odors emanating from his apartment is permeating ours to the point where our carpeting, clothing and furniture are absorbing the smells -- not to mention our breathing it.

We have written to the landlord about the serious health implications that we believe this tenant’s mess is creating. He has not responded. How long do we have to wait for the landlord to do something or until we can take legal action to remedy this situation?

Answer: You needn’t wait for the landlord to do something about this problem. I am assuming that you have talked to the tenant about the untidiness and he has not done anything to clean up his act. If you haven’t broached the topic, however, do that first.

The next step is to determine whether the mess really is a health hazard. For that you will have to contact the Los Angeles County Health Department, which makes such determinations and can and does cite violators who maintain health hazards. Usually if a hazard exists, the department will cite both the renter of the unit and the owner to remedy the situation within a certain time frame.

If the tenant cleans up the mess, your problem is solved. If the situation is not remedied in the prescribed amount of time, the department can require the landlord to evict the tenant, which also solves your problem.

Satellite-dish issues to consider

Question: We own a four-unit building in Los Angeles. The renter has asked me to supply a letter addressed to a satellite TV company allowing them to install a dish. I see no problem with this, but is there anything that I should be concerned about? Is there any language that I should include in the letter?

Answer: There are a number of issues with which to concern yourself. For instance, the location of the dish is important. Although federal law requires you to allow the tenants to have a dish, it limits installation to areas that are under the tenant’s control. Thus, you may prevent the satellite company from installing the dish on the roof if you want to.

Two other important issues include indemnification and insurance. Residents can be required to sign a legal document holding you harmless and assuming total responsibility for any damages or injuries caused by the dish. You also can require residents to get liability insurance to fully cover any claims arising as a result of the dish or its installation.

Postema is the editor of Apartment Age magazine, a publication of the Apartment Assn. of Greater Los Angeles, an apartment owners’ service group. 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.