Rent control makes evictions much tougher

Question: I live in a rent-controlled apartment in Playa del Rey and have a problem with my noisy upstairs neighbors.

The management company says that in spite of the numerous complaints by me and others, it cannot evict these noisy neighbors no matter how loud they get or how badly they behave because of the rent-control law.

The company recommends calling the police so official reports can be filed, but, of course, the noise never lasts long enough for the police to get there.

Is what the management company telling us true? Is it harder to evict renters because of rent control?

Answer: Although it is much more difficult to evict problem renters under rent control, it is possible if there are enough problems and, more importantly, enough complaining parties.

One of the problems with the system is that the complaining parties, such as you, must go to court and testify against your noisy neighbors if the owner or management company is to have any chance of winning the eviction case. The number of complaints you log with management is irrelevant. Only your live testimony has any effect on the outcome of the case.

As you can imagine, many tenants are unwilling to testify against their neighbors, particularly problem neighbors of an irrational or violent nature, in a court of law because of possible repercussions from these problem tenants.

More occupants mean higher costs

Question: I live in a nonrent-control area of L.A. County.

Can a landlord give different annual rent-increase percentages to the same-size apartments with the same amenities just because there are four people living in one unit and six living in the other one?

Is this a form of discrimination based upon occupancy?

Answer: In a certain sense, this is a form of discrimination based upon occupancy. But there is nothing illegal or improper about it. Moreover, it is perfectly logical for an owner to charge more rent for more people.

More occupants cost the owner more money. After all, more occupants mean more water used, which costs the owner more money, and more wear and tear on the facilities, carpets and the like, which also lead to higher expenses.

Owner can’t play catch-up with rent

Question: I leased out a rent-controlled condo in 1994 for $950. I did not raise the rent every year so now I am only collecting $1,200 a month instead of $1,350. Can I charge a “catch-up” rent increase for the next year to make up for the years I didn’t increase the rent?

Answer: You cannot charge a catch-up rent increase higher than the authorized annual rent-increase amount to make up for not having increased the tenant’s rent in previous years.

The adage applies, as it does to many other things in life: Under rent control, “Use it or lose it.”

Kevin 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