Repairs put tenants in hotel. Who pays?

Question: We have lived in our apartment for four years. During the last year, the finishes on the bathtub and the bathroom sink have flaked off and both now need refinishing. The management company is willing to make the needed repairs, but only if the work can start on a Friday and we agree to stay out of the apartment for two or three days because the chemicals used in the refinishing process can be harmful.

Are we entitled for reimbursement for the loss of the rental unit during the time we must vacate it, and is the management company responsible for our expenses for food and lodging while we are gone?

Answer: You are entitled to some reimbursement, but you are not entitled to everything you’ve mentioned.

Most leases and rental agreements specify that the rent will be abated while repairs requiring you to vacate are being made. If your agreement has such language in it, that’s the limit of management’s liability.

If your rental contract does not cover what happens when you must vacate the apartment for needed repairs, you must negotiate a reasonable arrangement with the landlord.

That accord can include either abatement of the rent or funds for meals and lodging, but not usually both.

Also note that some rent-controlled jurisdictions, such as Santa Monica and West Hollywood, require greater renter benefits in such situations.

Some wiggle room in 60 days’ notice

Question: When I moved into my apartment in 1997, I signed a lease specifying “60-day notice to end tenancy.” The lease expired after one year, and I have been on a month-to-month tenancy ever since.

I recently bought a condo and gave a 30-day notice to move out of my apartment. Is the original 60-day requirement enforceable, or can I get out of it?

Answer: The 60-day notice requirement is enforceable because it is written into the lease you signed. All provisions of an expired fixed-term lease carry over to a month-to-month agreement except the term (one year). Thus, the 60-day notice condition is still effective.

Nevertheless, you may get out of the 60-day requirement if the apartment is re-rented, you move out before the 60 days is up and the new tenant moves in before that time. It is unlikely that you can get out of the entire 30 days’ rent unless you can vacate the apartment a little early.

Doing so would give the owner time to prepare the unit so that he does not lose any rent between tenancies.

Write to aptageaagla@aol.com or Kevin Postema, Apartment Age, 621 S. Westmoreland Ave., Los Angeles, CA 90005.