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AGLA's 2009 $2-Million Trade Show is going to be held on Oct. 21, 9am–3pm, at the newly-remodeled Sportsmen's Lodge, located at 12833 Ventura Blvd., in Studio City. This is the second consecutive year we have held the show at the Lodge. As a special incentive to exhibitors, we will conduct a drawing at the show for a free Trade Show booth at AAGLA's 2010 show.

The show is free to attend, and the exhibit hall will be open from 10 am–3pm, with four information-packed, money-making seminars. Seminars start at 9am and we will have two breaks between them, 10 am-10:30am and 11:30am–12:30pm, allowing attendees more time to meet and greet exhibitors and to eat a relaxed lunch.

Beat the Recession and Rent Control Legally & Take Control of Your Rental Property: Dennis Block, Esq., Dennis P. Block & Associates

As the largest eviction law firm in the State of California, Dennis P. Block & Associates has specialized in tenant evictions since 1976. Dennis will brief you on some little‑known rent control tips, and then he'll tell you how to beat rent control legally to survive the recession. Also bring your legal questions for the popular Q & A Session that always follows Dennis' seminars.

Survive the Recession by Enhancing Revenue and Cutting Costs: Karl Negri, Sky Properties

Kari, the CEO of Sky Properties, is a seasoned property manager, property owner, and sought after real estate marketing expert. She is also a former instructor of the Marketing Strategies segment of AAGLA's Manager Training Program, and has lectured extensively. In this seminar she will tell you how to cut costs and enhance income to bolster your bottom line even if you only have limited resources. Don't' miss it.

TDI will present this timely seminar. TDI, a full-service property management company, is owned by Tzvi Ferst. He has a decade of experience in the real estate business. The TDI seminar will expand on Tzvi's June Apartment Age Magazine article, “How to Keep 100% Occupancy in a Tough Market,” and is a must‑attend for anyone with a current or pending vacancy.

We are still finalizing arrangements for a speaker for this timely, money-saving seminar, which is particularly important during our current drought. In the face of existing and proposed laws that penalize owners for water overuse, this seminar will show you how to save water and it will discuss possible rebates for installing water-saving devices.

As always, dozens of vendors also will showcase the latest in products and technology (often with special low Trade Show pricing). This is The Big Event of the Year. Don't miss it.

For more FREE information about the trade show, contact Trade Show Manager Angela Sapien at 213-384-4131 ext. 316. oremail.

Owner Wants to Retire Renter Who Lives in Retirement Community

Question: I have a tenant who moved out of my L.A. apartment six months ago. She moved into a retirement community, but is still paying the very low, rent-controlled rent on the apartment in order to use it for storing her furniture. She has made it clear to me (verbally) that she is not going to be moving back into her apartment, but that she would continue to pay the rent and use it for storage. If I have proof of her new residential address, and of the dates she moved out of my place and into the retirement community, can I evict her?

Answer: You cannot evict your tenant for this reason in spite of the fact that you have proof of her new residence, and the fact that the purpose of rent control is supposed to be to protect low-income renters from excessive rent increases.

The concept you are referring to is known as a "Primary Residence" law, and there is such a law in effect in the City of Santa Monica. It allows owners to evict renters who do not live in their rent-controlled apartments, but, rather, use them for business offices or storage facilities, just as your tenant is doing. Unfortunately for those low-income renters who can't find homes, there is no such law on the books in the City of Los Angeles, or in most other cities in the State of California.

Question: We have a home rented out on a month-to-month rental agreement. Recently, we decided to terminate the agreement and notified the renter in writing, giving her a two-month notice to terminate the tenancy. She replied saying she is moving out before the month is up. That's good, but now she is trying to dictate closing terms, such as getting an early security deposit refund (prorated for days not at the premises) as well as when and how much of the total deposit we return to her. We told her that she cannot dictate these terms as we are the owners and managers of our property. Is she liable for the entire month's rent, regardless of whether she moves out early? We also told her that any deposit due will be decided after inspection of the property (and returned within 14 days). Can you clarify our rights?

Answer: Your renter is liable for the rent for up to 30 days after she gives you her 30-day notice to quit, but you are not entitled to, nor can you collect, double rents if she moves out early and you re-rent the place before those 30 days are up. If she moves out early and you do not re‑rent the apartment before the 30 days are up, you may keep all of the rent for the 30-day period, assuming you make good faith efforts to re-rent it.

As for the disposition of the security deposit, you are required to return it, or any unused portions of it, to her within 21 days after she vacates (14 days was the old requirement). You also must provide the tenant with a general accounting of how it, or portions of it, were spent, if there is any balance remaining.

She is entitled to have the unit inspected before she moves out, but she is not allowed to dictate how much deposit you return to her or when you return it to her.

The amount of the deposit refund depends on several factors that, in your situation, cannot be known in advance.

For example, even if you inspect the premises in advance and agree on specified compensation for tenant-caused damages that exceed normal wear and tear, there may be hidden damages, for which the tenant is still liable, that don't show up until after she moves out.

You also don't know when you may re-rent the house so you may owe her prorated rent for an early re‑rental of the unit if that happens.

Relatively New Barbecue Law Steams Some California Residents

ew California state fire codes prohibit open-flame grilling (BBQing) within 10' of combustible surfaces. Some apartment balconies and patios are now off limits for many multiunit master chefs who love to BBQ.

This year, California's Building Standards Commission decided for the first time to adopt most International Fire Code rules, but the state let individual cities weigh in on the open-flame BBQ grill issue.

While every city in Santa Clara County has decided to adopt the more stringent barbecue code, we are unaware of any cities in Southern California adopting it.

If you are notified that the city in which you live is implementing the BBQ code, please let us know so that we may inform other owners in your city.

The new rules are part of updated codes produced by state fire marshals. Affected residents are now allowed to barbecue only if the building has balconies or decks that are protected by automatic sprinkler systems, and the grill's propane tank is no bigger than those typically used for camping stoves.

Following similar codes adopted elsewhere, the barbecue ban went into effect on Jan. 1. According to the National Fire Protection Association, barbecues sparked 8,300 fires nationwide in 2005. causing $137 million in property damage.

While the barbecue code has been in effect all year, it doesn't affect all cities. Since, enforcement is just now heating up, the code is now in the news. And not everybody is happy about it.

"I'm not surrendering my barbecue," said one steamed up renter from the city of Campbell. "Let them fine me. They're going to have to break my door down to get it."

A Construction Surprise? Better to Inform Renters

Question: A 44-unit apartment complex is going to be built behind our rental home. The two-story building will be about 60 yards from our property line. We are in the process of finding new tenants for our rental. Are we obligated to advise them of the development?

Answer: You are not specifically required to tell prospective tenants about this. But if you are asked questions about living in the rental, you are required to answer honestly. For instance, if a prospective tenant asks you if it is a quiet neighborhood, you probably should tell them about pending construction even if the area is quiet now.

Why not take a proactive approach and find out when construction is expected to start and how long it will take? Giving the tenant that information going in, rather than hiding it, will make for a better landlord-tenant relationship.

Rent increase just doesn't hold water

Question: I live in a 24-unit rent-controlled building in West L.A. I recently got a rent increase of 4%, although I know the legal limit is 3% unless the owner pays for all of the gas or electric, in which case they can get 1% extra for each. My owner said that in my case, it was to pay for water. is that legal?

Answer: Although he can charge an extra 1% for gas or electric (2% if he pays for both), he cannot charge you any extra rent for water. Perhaps he is confused. As of July 1, the basic annual rent increase became 3% without gas and electric, 5% with both of those utilities paid.

Landlord griped, but car's still there

Question: I have a renter who has a non-functioning car parked in the lot at my building. I have asked him several times to remove the car, but he does not comply. What can I do?

Answer: If your lease or rental agreement prohibits tenants from parking non-working cars in the lot, you can serve the tenant with a three-day notice to perform covenant or quit — in other words, get the car running, get rid of it or move out.

If your lease or rental agreement does not address this issue, you can give the tenant a 30-day notice of change of terms of tenancy incorporating the language into it. You can then follow it up with a three-day notice to perform or quit.

However, if your property is in L.A., Santa Monica or West Hollywood and is under rent control, enforcing this new rule would be difficult, if not impossible, because such tenants in these cities must agree to most changes in the terms of their tenancies for the changes to be enforceable through eviction. One notable exception is a rent increase allowed under the law.

Departing renter gets cleanup duty

Question: Is it the apartment owner's responsibility to pay for cleaning the carpets after a tenant moves out? I don't want to get charged for things the owner is supposed to do.

Answer: State law requires departing renters to leave apartments as clean as when they moved in, including carpets. Otherwise, you can be charged for such cleaning costs.

There's Room to Negotiate

Question: I am living in a one-bedroom apartment in Reseda, but I want to move into a two-bedroom in the same area. I have lived here for 18 months. I originally signed a one-year lease; now I am on a month-to-month lease. What is the least amount of written notice I can give to move out? Most of the apartments I look at are ready to move into immediately, and I don't know if the landlords will wait 30 days or more.

Answer: Although an owner generally won't hold an apartment for 30 days without some compensation, everything in real estate is negotiable. In our current economy, things are more negotiable than usual.

You are only required to give the landlord a 30-day notice of your intent to vacate since your lease is up and you are now operating under a month-to-month agreement.

Finding a new apartment in the Reseda area should not be too difficult as vacancies have been rising, up from 3.1% in 2006 to 3.3% in 2007, according to the Los Angeles Department of Water and Power.

Building manager duties can vary

Question: What are the duties of an apartment manager?

Answer: The duties of resident managers in apartment buildings are not clearly spelled out in federal, state or local law. Rather, they are individually negotiated between owners and managers.

State law requires an owner to have an on-site resident manager for buildings with 16 or more rental units. Beyond that, pretty much everything can be decided on an individual basis. Managers can do as little as merely collecting rents for owners or as much as fielding renter complaints, dealing with vendors and workmen and doing major maintenance, depending on their agreements with owners.

Older Duplexes Rent Contolled in L.A.

Question: I have lived in the upstairs unit of my L.A. duplex for 30 years. It has never been rented. Is there an exemption from rent control for my unit if I decide to lease it out?

Answer: The unit will be covered by the rent control ordinance if you lease it out. Since the duplex is 30 years old, it does not qualify for the city's new construction exemption, which covers residential rentals issued their first Certificate of Occupancy after Oct. 1, 1978. And it does not qualify for the city's luxury exemption because it had to be rented at specific rates at the time the ordinance was passed.

Duplexes have always fallen under the ordinance. The original ordinance did exempt two single-family homes on a single lot but never duplexes. The ordinance also now covers single-family rentals if there are two or more on a lot.

Most condos that are leased out are now exempt from the rental-rate aspects of the ordinance (eviction controls still apply) as a result of the state Costa-Hawkins Rental Housing Act. However, if a tenant lived in a rental condo before the law passed in 1995, he or she would still be covered by rent control for both rent‑hike and eviction purposes.

The good news is that you can charge market rates if you lease it out. Thereafter, L.A. rent-control limits will apply.

Rent hikes: How high can you go?

Question: When an apartment building changes hands, how much can the new owner raise the rent?

Answer: That depends on where the building is located and whether the tenants have leases or month-to-month rental agreements.

In a building in a city without a rent-control ordinance, and with tenants not on leases, rents can be increased to market levels with 30-day notices, unless the hikes exceed 10% (including previous increases within a 12-month period). If the increases, or combined increases, exceed 10%, state law requires 60day notices.

In a rent-controlled building, rents cannot be increased just because there is a new owner. Rather, the buyer will have to abide by the rent-control rules of the city in which the property is located. Cities in Los Angeles County that have such ordinances include Beverly Hills, Los Angeles, Santa Monica, and West Hollywood. Call the municipality in which the building is located for specifics, as the ordinances vary from city to city.

$50 For Credit Check: A Bargain for Two, A Rip-off for One

Question: My wife and I are interested in renting a town house that requires a $50 application fee. Is this for a credit check? What if the manager takes a number of applications knowing he is interested in only one tenant? Is this legal? The application also says that, once approved, we have to pay the first month's rent within 24 hours. Is that legal? Finally, is the owner responsible for making repairs before I give them the first month's rent?

Answer: This fee is probably being charged to cover the cost of credit checks on you and your wife. Owners are within the law to charge each applicant $39 for a residential rental to run a credit report. (The amount permitted rises annually with the consumer price index, but the law does not specify whether it's by the local, state or federal CPI so the dollar figure quoted may vary depending on whom you ask. The California Apartment Assn., for example, gives $40.64 as the upper end.

In any case, if this owner is charging you only $50 for two screenings (you and your wife), you should consider yourself lucky. If the owner is charging you $50 for each of the screenings, you are being overcharged.

Also, if an owner takes several rental applications knowing that he is interested in only one tenant, he cannot legally profit by keeping the fees of the applicants on whom he is not doing credit checks. He must either run the credit checks or refund the money.

You also ask if it is legal for an owner to require the first month's rent within 24 hours of approving your application. That is legal.

As for repairs, the owner is not responsible for making them before you move in, but it is always wise to get them done before renting an apartment.

Here's how rent increases work

Question: My city of Los Angeles rental lease is due to be renewed in May. I read in your recent column that the amount of the annual inflation rent increase for rent-controlled apartments will do down from 5% to 3% on July

1.Does that mean our landlord can increase the rent by 4% for the whole year, or will he have to charge 4% for the months of May and June and then reduce it to 3% on July 1?

Answer: It means neither. These are annual rent increases under L.A.'s rent control law. Last year's annual rent increase is good for a full year, ostensibly until May 1, if that was the effective date of your last rent increase.

If your rent is increased again this year in May, it can be increased by 5%, the lawful amount of increases, until July 1, 2008. If you get a 5% rent increase in May, it will remain in effect for another full year. Then, in May of 2009, if you are still living in the apartment, the owner will be limited to increasing your rent by only 3%.

Negotiated terms remain in effect

Question: I have been renting a house from my neighbor friend for almost five years. He recently died. Last year, he raised the rent about 10%. I said OK because it was the first time. But he also changed the deal by making me pay the water and sewage bills. My friend's family says my rent and terms will stay as is, but I feel I should not be responsible for the sewer charges or the huge amount of water used by the pool. Where do I stand?

Answer: Everything is negotiable. Last year, you negotiated a rental deal with your friend after five years without a rent increase. Absent new negotiations changing that deal, you have no legal right to quit paying these charges. If your current rental expenses, including sewer and water, are below market rates for similar accommodations, silence may well be golden.

Kitchen Sink is Cracked; the Manager's Request is Not

Question: The managers of my apartment building annually inspect to see what items in the apartment need to be fixed, if any. They want to charge me for a new kitchen sink because mine is cracked and had been newly installed when I moved in two years ago. I don't know how the crack appeared, and it just seems to get larger as time goes on. The other apartments where I lived waited until I moved out before billing me for damages or repairs. For what other repairs might I be liable?

Answer: You are liable for damages that exceed what is defined by the court as "normal wear and tear." This is a somewhat nebulous concept. Not all courts agree on the time frames of just what constitutes normal wear and tear. That said, kitchen sinks are not supposed to crack within the first two years after their installation. A crack in a 2year-old, ostensibly new, sink — barring earthquake, meteor or some other reasonable explanation — goes way beyond normal wear and tear. I can't conceive of a court seeing it any differently, particularly given that you have no explanation for how it may have happened.

It's possible that one of your guests damaged the sink and didn't tell you about it. If so, you are liable for the damage because you are responsible for your guest's actions.

As for your question about other repairs for which you might be responsible, you are liable for any other damages above and beyond normal wear and tear that you or your guests may have caused during your tenancy.

Rent increase includes garage

Question: I pay $1,250 per month rent for a one-bedroom unit in a Los Angeles duplex, plus $100 per month for the attached garage. My two-year lease is up on Feb. 15. The new owner wants to renew the lease at $1,417.50, a 5% increase based on $1,350 — $1,250 rent and $100 for the garage. Can the increase be based on the garage rent as well? In addition, can the new owner increase the rent in the middle of the month, e.g., effective Feb. 16? The rent is due on the first of the month. When I moved in, I paid the original landlord $625 for the balance of the first month's rent and $50 for the garage because I started renting in the middle of February 2006.

Answer: I assume that your unit is covered by the rent control law of the city of Los Angeles. Under the annual rent adjustment provision of the law, rents can be increased by 5% (until July 1, at which time the rent increase amount decreases to 3%) if they have not been increased for that purpose during the previous 12 months.

Given the fact that your lease is up — it has been two years since you had a rent increase, well over 12 months — and the amount of the increase is 5%, which is legal, this is a legal rent increase.

The timing of the increase is legal as well. Just as you can move in and pay prorated rent in the middle of the month, you may be assessed a rent increase in the middle of the month at the end of a lease and pay its prorated amount for the first partial month. The rent due date is irrelevant.

As for the garage, it sounds as if it is a part of the rental, meaning that a 5% rent increase for it also legal. If that's the case, you are fortunate.

Here's why: If the garage were rented on a separate agreement, and not as a part of the overall rental, the owner could raise the rent to its market level, which could be over 5%.

Does Rent Control Cover Houses Too? That Depends

Question: How can I find out whether the house I rent in Sherman Oaks is covered by rent control?

Answer: Sherman Oaks is a part of L.A., which has a rent control ordinance that covers most apartments that were issued first Certificates of Occupancy before Oct. 1, 1978. Most single-family homes are exempt regardless of when they were built.

However, there are some limited situations in which rent control applies to single-family homes that were issued their first Certificates of Occupancy before Oct. 1, 1978. For instance, if there are two or more residential structures on a lot, and one is rented out, rent control applies.

To find out whether your rental home or apartment is covered by the city's ordinance, call the rent stabilization division of the Los Angeles Housing Department at 866‑557‑7368.

That year's lease may last a lifetime

Question: Are one-year leases in Los Angeles good for a year or are they good for life? After the lease is up, can you evict someone or simply not renew the lease? If you do not renew the lease and ask them to leave, are you obligated to pay the tenant relocation assistance of $9,040?

Answer: I assume that your rental falls under the Los Angeles rent control ordinance and is subject to its eviction protections and relocation provisions. If your rental is not covered by the ordinance, theses provisions do not apply. While all one-year leases are good for one year, some may turn into lifetime tenancies even if you do not renew them. That's because state law automatically converts non-renewed leases into month-to-month tenancies, and you generally cannot terminate a tenancy under rent control without cause.

In some cases, known as "no fault" evictions, you can ask tenants to leave. You are required to pay them relocations fees ranging between $6,810‑$17,080. See the judge for late rent penalties

Question: What is the maximum late-rent fee that a Los Angeles landlord can impose after a five‑day grace period?

Answer: There is no maximum amount spelled out in state or local law, so I cannot answer your question precisely, but I can offer you guidance.

Since neither state nor local laws define late fees, the task of determining how much is too much has fallen to the courts. Most courts (not all), have ruled that 6% of the monthly rent is allowable in our current economy. That number can be redefined by the courts at their discretion.

It is an incredibly bad idea to charge daily late fees because they can quickly exceed 6% and become unacceptable to the courts.

Also, grace periods for the late payment of rent are not required by law. Many apartment owners and renters are confused by this because so many owners voluntarily give their renters grace periods that many believe it is the law. It is not true.

Does Venice House Fall Under Rent Control?

Question: How can I find out if the Venice house I've rented for the last five years is under rent control?

Answer: Venice is a part of the city of Los Angeles, which has a rent control ordinance. Nevertheless, there's a good chance that the home you rent is not covered.

Single-family homes are exempt unless more than one dwelling unit is on the lot. In other words, if your house has separate rental units for you and other tenants, or there is another house on the lot, it is covered by the ordinance. However, your rental house may be exempt from the ordinance if its first certificate of occupancy was issued after Oct. 1, 1978, because it is defined as new construction in accordance with the rule.

Other exemptions may also apply: government-owned housing, substantial renovation (this exemption was discontinued for renovations occurring after Oct. 4, 1989) or luxury housing. To find out from the city whether your house is covered by the rent control law, call 8665577368. Due to the high volume of calls received on Mondays and Fridays, the city Housing Department recommends that you call on a Tuesday, Wednesday or Thursday.

Question: I found an apartment renting for $900. My former spouse ruined my credit, and I knew I wouldn't qualify for the apartment, so I asked my sister to move in with me. The management company said we would have to pay 10% more because of my bad credit and because two people would be occupying the apartment. Is this legal?

What the management company has done may be legal, but it may not be wise. Financial institutions regularly charge higher interest rates for loans made to those with bad credit, so there is precedent and some logic to asking you to pay a higher rent.

However, the management company could face problems over charging more rent for an additional occupant. It's OK to charge market rates for a vacant apartment, but charging higher rent for more occupants may be seen as discrimination against families. This can lead to a discrimination lawsuit.

Question: My daughter and her friend moved into a two-bedroom apartment with another couple, who were the original tenants. My daughter and her friend did not sign the landlord's lease because their being there might have led to a rent increase.

Now, after a few months, they realize they are not compatible with the other couple and want to move out. The original couple drew up their own one-year lease, which the girls signed. Are they legally bound by this lease?

Answer: Your daughter and her friend may be bound by the agreement signed with the original tenants, who are functioning as their landlords, even though they did not sign anything with the actual owner of the building.

Tenants can and do sometimes sublet. However, they usually do it with the owner's permission, which is the preferred way. You may want to have your daughter review the lease with a real estate attorney. It may be invalid if it is so poorly drawn up as to be unenforceable.

Question: We rent a single-family home in West Hills on a one-year lease that ends April 14. The owner of the house is not renewing the lease, opting to let it automatically convert to a month-to-month rental agreement. He also is raising the rent at the expiration of the lease and has given notice of the raise, effective May 14.

We have decided to move rather than pay the increase, and we will give him a 30-day notice to quit, effective May 14, before the rent increase kicks in.

We've done many repairs over the years, and the place is now in better shape than it was when we moved in. We would like to get our $6,000 security deposit refunded as soon as possible. We've left the owner about 20 voice mails, but he is not returning our calls. Should we let the 30 days run out and wait for our security-deposit refund, or should we do something now?

Answer: It's a safe bet that the owner is not going to return yours calls if he hasn't called you back after 20 voice mails. I would give up on trying to reach him by phone. State law requires the owners of residential rental property to refund security deposits to renters within three weeks (21 days) after they move out of their rentals. There is no law requiring the owner to refund the security deposit before the renters move out or before the 21 days have elapsed.

You say in your letter that the house is now in better shape than when you moved in. If that's true, and there are no cleaning fees, unpaid rent or damages that exceed "normal wear and tear," you should get a full refund of your deposit by June 4 — or a partial refund and a written explanation of how some or all of it was used to pay for damages, cleaning or unpaid rent, the things for which the owner can deduct money from the deposit. You can send him a letter asking about the refund, or if you can afford it, have a lawyer send him a letter on his or her letterhead, which tends to be more effective.

If all else fails, as a last resort, you can sue the owner in Small Claims Court for up to $7,500.

Question: I live in Los Angeles, and I always have paid my rent on time. I just got a notice from my landlord that he had sent me a late rent notification last March for paying that month's rent late. The notice said that I would be charged a late fee amounting to 5% of the March rent. He charged me the fee even though I don't believe the rent was late. For the record, I have proof that my rent check cleared the bank on March 2, 2007.

I would like to know what a landlord is allowed to charge a tenant in late fees for a late rent check. Can he charge 5%? Is that 5% per day, which would be 60% of the rent if one was a month late in paying the rent? Is there no grace period required by law for paying the rent a day or two late?

Answer: A check cashed on the second is not necessarily received on the first. Your rent may have been received and cashed on the second. A landlord can charge a 5% late fee for a late rent payment if it is written into the lease.

Although the law does not specify precisely how much landlords can charge for late fees, 5% per day would be excessive. In our current economy, up to 6% per month is allowed by most courts. In the late '70s, when we had double-digit inflation, most courts allowed late fees of up to 10%. Generally, late fees have to bear some rational relationship to the costs one incurs as a result of them.

There is nothing in the law requiring a grace period for late rent payments. They are strictly at the discretion of the owner. Many renters are confused about this because many landlords voluntarily give their tenants grace periods, even writing them into their leases or rental agreements.

Question: I own a duplex that is not under rent control. When I advertise, is it legal to say in the ad, "No Section 8 Allowed"?

Answer: In California, you can't discriminate against prospective renters on the basis of their income source. For instance, you can't put something in your ad such as, "Welfare recipients need not apply." That's illegal.

But in this case, you can add Section 8 language to your ad because the Department of Fair Employment and Housing does not consider a Section 8 housing subsidy a "source of income." Government Code Section (p) (1) says, "For the purposes of this section, 'source of income' means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. A landlord is not considered a representative of a tenant."

Although the Section 8 program, which provides rent subsidies to low‑income families, has been criticized in the past for having over-burdensome inspections, a cumbersome voucher procedure and complicated rent calculations, the House passed a bill last July attempting to reform the program.

Question: I'm vacating my apartment and know that the apartment owner will not refund my security deposit. Based on this knowledge, is it OK to leave before he inspects the unit and to leave behind the things that I don't want, like furniture, fixtures, refrigerator, a dryer and boxes of junk? There is nothing wrong with the apartment except for some stains on the carpet, which should be easily covered by the deposit with money to spare, can the landlord do anything to get more money from me for removing the things I leave behind, or will the deposit cover it?

Answer: It is impossible to predict what the deposit will cover based on the information you have provided.

Depending on the age and condition of the carpet, all of the deposit money may be used up paying for it, particularly if it was new when you moved in, you lived there for only a short time, and the carpet's now trashed and must be replaced.

On the other hand, if you lived there for several years and the value of the carpet has fully depreciated, the owner can assess charges for the carpet only for cleaning it, assuming he keeps it. If he replaces it under these circumstances, he cannot charge you anything for it.

As for leaving before the owner inspects the unit, it is legal but not advisable.

If you choose this course of action, be sure to take pictures to verify your contention that nothing is wrong beyond carpet stains.

If your deposit does not cover the cost of replacing or cleaning your carpet and hauling away the junk you leave behind, the owner can sue you in Small Claims Court to recover the costs that exceed the amount of the security deposit.

Question: I always understood that at the end of a one-year lease I could opt not to renew it and could ask the tenant to leave, or vice versa. Are there jurisdictions where a one-year lease is automatically converted to a month-to-month tenancy at the end of the lease, preventing me from asking the tenant to leave?

Answer: There are such jurisdictions. State law automatically converts an expired lease into a month-to-month tenancy if the tenancy continues and a new lease is not inked.

In rent-controlled apartments, you cannot ask tenants to leave just because the lease is up. Unless you have a good cause to evict a tenant under rent control, the tenancy continues at the end of the lease. Renewing it or going month-to-month is up to you. If the unit is not under rent control, you can ask the tenant to leave at the end of the lease term.

Question: We want to rent out our house on a one‑year lease. After the year is up, we plan to reevaluate and either sell, continue to rent, or move back in. Do we have any obligations to the renters? Can we ask them to move out at the end of the year, or would we have to give them relocation fees?

Answer: You should be honest with your renters. As in many areas, honesty is always the best policy. Although the law does not require you to tell the renters that this may be I a one-year-only lease, you absolutely should tell them the situation before they move in.

That way, there will be no hard feelings when the time comes for them to move out, and there is far less likelihood that you will have to evict them to get them to move, or that the house will be damaged by disgruntled renters who felt like you were not fair to them.

As for relocation fees, many single-family homes are exempt from such provisions. For instance, single-family homes in Los Angeles are exempt if there is only one on a lot, and it contains only one set of renters. If there are two or more on a lot, they may be covered by the rent‑control ordinance and its relocation provisions.

If there are two on a lot, and the one house in question was issued its first Certificate of Occupancy after Oct, 1, 1978, it is exempt under the L.A. ordinance because it is defined as new construction. If the house is rent-controlled, you are usually required to pay relocation fees to the tenants.

There is also an eviction-control ordinance in Glendale that includes relocation fees. To find out whether there are relocation fee requirements in your city, and their specific requirements, call the city in which the property is located.

Question: I own a three-unit apartment building that is under rent control. One of the tenants is a pack rat and has junk boxed up all over her apartment, back patio, driveway and side patio. Now, she is actually starting to put stuff in her neighbor's side yard. I've asked her to clean up the mess, even giving her a written notice, but it's not working. I think this is a fire and safety hazard, but I'm not sure. What else can I do?

Answer: This may well be a fire and safety hazard, but your local fire department and the county health department can say for sure.

You can call them and ask them to come out and take a look. Be advised, however, that if there is a problem, they will cite the tenant and you. This is a mixed blessing. If you are cited and the tenant does not take corrective action, you can evict her for failing to do so. The downside is that, like the tenant, you become responsible for correcting the problem, which generally means initiating an eviction to get rid of the tenant and her stuff, if she won't cooperate.

Question: I had a little party on the roof last weekend, and there was a complaint about noise. The manager told me that I need to turn in a 30-day notice to move or I will be evicted because she has had three other noise complaints about me and has turned them all over to corporate. Can I be evicted after just one noise notice of which I was made aware?

Answer: Unless the city in which you live has a rent‑ or eviction-protection ordinance that covers your unit, you can be evicted without any cause whatsoever. If you are in a unit that is rentor eviction-controlled, the owners cannot evict you solely on the basis of this notice.

Question: I own a duplex that is not under rent control. When I advertise, is it legal to say in the ad, "No Section 8 Allowed"?

Question: I'm vacating my apartment and know that the apartment owner will not refund my security deposit. Based on this knowledge, is it OK to leave before he inspects the unit and to leave behind the things that I don't want, like furniture, fixtures, refrigerator, a dryer and boxes of junk? There is nothing wrong with the apartment except for some stains on the carpet, which should be easily covered by the deposit with money to spare. Can the landlord do anything to get more money from me for removing the things I leave behind, or will the deposit cover it?

Answer: It is impossible to predict what the deposit will cover based on the information you have provided. Depending on the age and condition of the carpet, all of the deposit money may be used up paying for it, particularly if it was new when you moved in, you lived there for only a short time, and the carpet's now thrashed and must be replaced.

As for leaving before the owner inspects the unit, it is legal but not advisable. If you choose this course of action, be sure to take pictures to verify your contention that nothing is wrong beyond carpet stains.

Question: I always understood that at the end of a one‑year lease I could opt not to renew it and could ask the tenant to leave, or vice versa. Are there jurisdictions where a one‑year lease is automatically converted to a month-to-month tenancy at the end of the lease, preventing me from asking the tenant to leave?

Answer: There are such jurisdictions. State law automatically converts an expired lease into a month-to-month tenancy if the tenancy continues and a new lease is not inked.

In rent-controlled apartments, you cannot ask tenants to leave just because the lease is up. Unless you have a good cause to evict the tenant under rent control, the tenancy continues at the end of the lease. Renewing it or going month-to-month is up to you. If the unit is not under rent control, you can ask the tenant to leave at the end of the lease term with proper notice.

Question: We own a duplex and live in one side of it. We are going to be out of town and want to rent out our unit for a few months to offset costs. I called rent control, and they said that we would be unable to stipulate that the renters have to move when we return if we rent the unit out for more than two months. Is this true? Is there a provision for vacation rentals in the Los Angeles rent control law?

Answer: There is no such provision in the L.A. rent law. If you rent the unit for even one month to a tenant while you are out of town and then want to move back into it upon your return, you have to follow the procedure for an owner‑occupancy eviction.

The procedure includes getting, filling out and filing a landlord declaration for owner occupancy with the Los Angeles Housing Department, getting approval back from the department, serving the tenant with a 30- or 60-Day Notice to Quit, and paying relocation assistance fees — the amount of which could easily exceed any rents you may collect for the months you will be gone.

The minimum amount of relocation fees you must pay tenants in no‑fault evictions is currently $6,810, and that doesn't even take into account the cost of your housing during the eviction process.

Question: My tenant gave me a written 30-day notice that she was going to move out of the apartment I rent to her. Now, she has changed her mind. Is this a cause for eviction? Should I accept rent from her?

Answer: Craig Mordoh, a real estate and eviction attorney based in Santa Monica, says: "You may enforce the notice from the tenant, but only if you do not take rent for a period beyond the 30-day notice is to expire. The tenant may not withdraw the notice without the consent of the landlord, and acceptance of rent is deemed to be consent."

Question: If our landlord increases the rent based on the L.A. rent‑control ordinance, and we say that we can't afford it and have to move out, are we entitled to relocation fees?

Answer: You are not entitled to relocation fees in this situation. They are paid only in what are known as no‑fault evictions initiated by the landlord. These include evictions for things such as owner or resident manager move‑in, or to demolish or permanently remove the unit from rental housing use, among others. Although you may be moving through no fault of your own — because you can't afford the higher rent — the landlord is not initiating the eviction.

Question: I have lived in a rent-controlled apartment in Los Angeles for several years, and I have a question about the interest paid to tenants on security deposits held by owners. I just got an interest check from the owner for the first time, but he is telling me that there is a four-year statute of limitations on the payment of interest from previous years. Is this true?

Answer: The owner is wrong; however, from your perspective the news is still bad. California law does not provide a four-year statute of limitations on such payments. California Code of Civil Procedure section 340 actually provides a three-year statute of limitations on actions based upon statutory rights, which includes your situation.

Question: I am a landlord in Los Angeles. One of my tenants wants to have a friend stay with him for a few months. The lease says the rent will increase by $100 for an additional tenant, but it does not say that after 10 days the visitor becomes a tenant who must fill out a rental application and have a credit report like all my tenants. I tell them this verbally. Can tenants contest my 10-day standard? What is the standard amount of time landlords give visitors before making them tenants?

Answer: Your 10-day standard is not enforceable because it is not written into the rental agreement. If you are not under rent control, you can give them a 30-day change of terms of tenancy notice to incorporate it into the agreement. If you are under L.A.'s rent control law, you cannot evict for a change of terms of tenancy unless the tenant had previously agreed to the change in writing. The notable exception is the annual inflation rent increase (currently 5%) that is allowed under the law.

As for your other question, there is no standard amount of time landlords use to determine when visitors become tenants. That's probably because landlords generally don't want visitors becoming tenants unless they give their permission first and do credit checks in advance.

Similarly, there is no standard amount of time that landlords use to determine how long guests can stay. If you are going to allow your tenant's guest to stay for an extended period, have him first sign an agreement specifying that the guest has a revocable license to stay.

Question: When is an apartment actually vacated? Is it when a renter removes all his possessions on the date he said he would, or is it when he returns the keys to the owner?

Answer: The unit is legally vacated only after the renter returns the keys. Even though a renter may have removed all his belongings from an apartment, it is not officially vacated while he still has the keys. Sometimes renters do not return their keys at all. If that's the case, you must go through the abandonment procedure outlined under state law to recover possession.

Question: My wife and I applied for an apartment in both our names. We were given two applications to fill out and told we would each be charged an application fee. It seems duplicative to have to fill out separate applications and our assets are combined?

Answer: Yes, they can. Until a couple of years ago, credit reporting agencies charged only one fee for running checks on prospective renters who were married. That is no longer the case. They now charge separate, equal fees for running checks on each spouse for the same apartment. That came about as the result of one or more lawsuits filed by domestic partners who alleged that they were being discriminated against because they had to get separate credit checks and pay the full price for them.

QUESTION: Five months ago I signed a one-year lease on a Hollywood apartment with a guy who I thought would be compatible as a roommate.

Since then, he has paid his portion of the rent only once. I have paid the full rent to avoid being delinquent. How can I evict him without harming my credit history?

Answer: Unfortunately, you cannot evict your deadbeat roommate. Only the landlord can do that because both of you signed the lease and you both are his tenants.

Your roommate is not your subtenant. If he were, you could assume the role of a landlord and evict him. Since virtually all leases and rental agreements hold all roommates jointly liable for the rent, you are both liable for all of the rent, which is a big problem for you.

If you can persuade the landlord to accept your half of the rent one month, and give your roommate a Three‑Day Pay or Quit Notice for the other half, he has a good shot at evicting the roommate for nonpayment of his half of the rent if he doesn't pay it pursuant to the notice. Persuading the landlord to go this route may be an uphill battle, but it is probably worth a try. After the eviction, you will continue to be responsible for all of the rent unless you can get a new roommate.

You also can sue your roommate in Small Claims Court for unpaid rent up to $7,500, regardless of what the owner does.

Question: I am considering buying a rent‑controlled duplex in Los Angeles, but I have some concerns. If I buy the building, do I inherit the specific terms and conditions that the seller made with the current tenants? If the current owner evicts the tenants, do I have any responsibilities to them? Finally, is a single mom with minor children considered a single tenant?

Answer: First, all of the existing terms and conditions the owner has with the tenants will pass on to you if you buy the building. Second, the current owner cannot evict any of the tenants because of the pending sale; that owner can evict them only according to the just cause eviction provisions outlined in the rent‑control law.

If you decide to buy the building, you can evict a renter if you plan to occupy the unit yourself, but you will have to pay relocation fees to the evicted tenant. A single mom with minor children is not considered a single tenant for rent‑control and relocation fee purposes.

QUESTION: Recently, I sent a letter via certified mail to my landlady requesting emergency contact information. It's been more than two weeks, and I still have not heard anything from her or the property manager. How can I get this information?

Answer: Although the owner is required to provide you with an emergency phone number and address, she is not required to provide you with her own number and address for this purpose.

Presumably, since you sent a letter to her, you already have an address, either hers, the property manager's or both.

It also is likely that you already have the property manager's phone number. The law requires residential rental property owners to provide tenants with at least one emergency phone number in the event of a crisis. If that is the case, the land‑ = lady has already fulfilled the legal obligations in this regard.

If you want to pursue this, you can get owner data from one of the L.A. County Tax Assessor's five offices. But this will require some legwork, as you must go into one

of the offices to get the information. It is not available by phone or on the Internet.

Question: I read in a previous column that Los Angeles approved higher annual increases again, from 4% to 5%, on rent‑controlled apartments. The increase went into effect in July, but what are some of the things owners should be doing for us with this extra money?

Answer: Even though the city did approve the percentage increase outlined above, landlords won't necessarily have a lot of "extra money" because of it. In fact, some may not be able to cover their rising costs, even with the increase.

For example, insurance costs have skyrocketed; oil based products, which include paint, drapes, 'roofing materials, asphalt and many other items used in maintaining apartment buildings, have risen dramatically in price; and city fees are up, among many other building‑related expenses.

Annual rent hikes are formula‑driven, and are based on inflation increases that affect landlords as well as the rest of us. Nevertheless, landlords are required to keep the premises habitable pursuant to California Civil Code section 1941.1. This includes maintaining roofs, plumbing, heating, and locks on doors and windows, as well as keeping the premises vermin free.

Question: Can two tenants, who both live in the same rent‑controlled building in Los Angeles, switch apartments without asking the owner's permission? If it is done, what are the ramifications?

Answer: Regarding your first question, anything is possible, but the answer is no. if you decide to roll the dice and try this unauthorized swap anyway, the ramifications could be serious.

First, you could both be evicted as unlawful subtenants of your "new" — and likely soon-to-be-former —apartments. Second, if the owner evicts you, that will reflect negatively on your credit, which could make getting your next apartment more difficult.

If the owner doesn't evict you, he or she could raise each of your rents to market levels under the vacancy de‑control provisions of the rent‑control law.

I think the chances of not being evicted if you attempt this swap are highly unlikely. How would the landlord know you could be trusted in the future?

If you still want to switch apartments, you only sensible option is to let the landlord know about your desire in advance and then get his or her permission before orchestrating the move.

QUESTION: Can tenants refuse to leave when a new owner says he wants to occupy their unit? Also, can they fight to get more money than what the landlord is mandated to pay them to relocate? Are there any additional charges the owner is required to pay to cover moving or temporary housing costs?

ANSWER: The provisions of relocation assistance ordinances vary, and they vary widely.

In Santa Monica, relocation benefits are keyed to the size of units: bachelor or single, $4,400; one‑bedroom, $5,500; two‑bedroom, $6,200; three‑bedroom, $7,700; and four or more bedrooms, $8,050. If the unit is furnished, the fee is reduced by $250. Santa Monica adds $1,000 to the benefits if the units are occupied by tenants who are 62 or older, who are disabled or who have any children under age 18, and if, and only if, they occupied their units before Nov. 17, 1999.

In Los Angeles, tenants are not entitled to benefits in excess of the amount spelled out in the rent‑control ordinance. Relocation benefits there range from $6,810–$17,080.

In these types of evictions, Los Angeles tenants cannot refuse to move without penalty. In fact, if you fight eviction (at least in some past instances), money may be deducted from your payment to compensate the owner for his expenses of having to evict you from the apartment. If you live in Los Angeles, call the city's Housing Department at 866-557-7368 to find out whether your unit is covered.

If you are not a resident of Los Angeles, check with your local government to determine whether your municipality has such an ordinance and, if so, what its provisions are.

Question: My complex is requiring us to carry renter's insurance and to list the complex as additionally insured on the policy. What are the benefits to the apartment complex and the drawbacks to us tenants in doing this?

Answer: The benefit to the apartment complex is that it's provided with some extra coverage. Typically, there is no disadvantage to you, not even higher premiums, although the insurer may ask you why you want to name the owner as an additional insured.

Question: I own a rent-controlled apartment building in Los Angeles. One of the tenants, who pays very low rent, just uses the unit for storage. Is it possible to evict him if he doesn't live there? I want to be able to charge market rates. Also, how do I prove he doesn't live there?

Answer: Although there are primary residence ordinances in effect in Santa Monica and San Francisco under which you could evict this tenant, there is no such ordinance in Los Angeles, and there is no state law covering this situation. That being the case, proving the tenant does not live in the unit would not benefit you, so there is no point in doing so.

QUESTION: Can the new owner of a five‑unit apartment building under Los Angeles' rent control ordinance raise rents to market after many years of below‑market rates? Although both my mother and I are on the deed, she did all the management of the property and didn't raise the rents for years.

Now that I am managing the building, I want to get the rents up. She recently passed away. Is that considered a change of ownership?

ANSWER: Even if it is considered a change of ownership, the rents cannot be raised. When it comes to raising rents under the L.A. ordinance, "If you don't use it, you lose it."

You can raise the rents every year on the anniversary date of your tenants' last increases with 30‑day notices. The current rent increase amount is 5%.

Question: I own a rental housing in Hesperia. I am considering renting to a Section 8 tenant. What are the advantages and disadvantages of this?

Answer: The primary advantage of renting to a Section 8 (government subsidized) tenant is that you will get at least the government's portion of the rent (usually about 70°(o of the total) even if the tenant doesn't pay his or her part.

The disadvantages include the fact that the house will be inspected by Section 8 personnel, who often hold owners to higher habitability standards than they might otherwise encounter, and extra paperwork.

Question: My mom owns and lives in a duplex that is covered by Los Angeles rent control. I am getting married in May, and mom would like for the tenants who are living in the other half of the duplex to move out so that my spouse and I can move in after the wedding.

The tenants' have minor children, and we were told that under the ordinance, we would have to pay them $8,000 to move. If we live there for a year and then move out, can my mother raise the rent to the market level for the next tenants?

Answer: She cannot re-rent the unit at market rates when you move out. Although tenants are only rarely "evicted" in these scenarios, your mother must file a Landlord Declaration of Intent to Evict with. the Los Angeles Housing Department to do so.

The amount of the relocation assistance payment is $14,850 for tenancies of less than three years or $17,080 for tenancies of three years or more, not $8,000, for qualified tenants. They include seniors 62 years or older, the disabled, renters with one or more minor dependent children, and some low‑income tenants. Others get $6,810 for tenancies of less than three years or $9,040 for tenancies of three years or more.

After you have lived there for one year and then move out, the rent your mother can charge new tenants, is the amount that the tenants who preceded your tenancy paid plus any increases that were allowed while you occupied the unit.

QUESTION: I am considering buying a rent-controlled apartment building in L.A. The seller of the property wants to make the sale contingent on keeping the existing tenants in the building, probably to avoid haying to pay them any relocation fees. Does the buyer or seller pay those fees in this kind of a transaction? Also, if I buy the building, can I eventually give the tenants 30-day notices and get new tenants in at market rents?

ANSWER: State law requires owners to give renters at least 60 days' notice to move if the tenants have occupied their units for more than one year. For tenancies of less than one year, 30-day notices are required. However, neither the seller nor the buyer can give the tenant of a rent-controlled apartment a 60day notice to move due to a sale.

The only time you can give tenants of rent-controlled apartments such notices to move are in no-fault evictions, where the tenant does nothing wrong. No fault evictions can be due to a demolition of the property, if it is being converted into condos, an abandonment of the rental business in the building or an order from a governmental agency condemning the building.

Selling the building is not on the list, thus the seller cannot give any tenants 60-day notices to move. As the new owner, you can give a 60‑day notice to tenants in one unit to move yourself, your parents or your children into the unit.

You can also move a property manager into the building. If you choose to move someone in, you must pay the displaced tenants relocation fees. Also, you can raise the rents of tenants who follow those you evict for these purposes only by the amount of the annual rent increases since the evictions. You cannot raise them to market value in these situations.

Question: You advised a tenant who did not get his security deposit refunded to sue the owner in Small Claims Court.

Here's what happened when I tried going to Small Claims Court: Despite strong evidence that I was in the right, including a witness who testified about how clean the apartment was, the judge ruled against me and allowed the owner to keep the entire deposit.

Apparently, judges can ignore the law and decide these cases however they want. Please advise your readers that if they go to Small Claims Court, they may lose and be out not only their security deposits, but also time off from work to attend the hearing.

Answer: Consider them advised. You can lose a case any time you go to court, no matter how much evidence you have or how right you may be. Small Claims Court judges tend to have a little more sympathy for tenants, but that doesn't mean tenants always win. Also, Small Claims Court judges have far more latitude in interpreting the law than those in other courts.

Question: I read that apartment owners are required to pay interest on security deposits annually to tenants under the Los Angeles rent-control law, and that the rates on interest change every year. How much are those rates for 2006 and 2007?

Answer: The rate for 2006 is 1.74%. For 2007, it rose to 2.39%. If you don't want to write your tenants checks for the interest payments, you may give them one-time rent decreases as payment.

APARTMENT LIFE

By Kevin B. Postema

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APARTMENT LIFE

By Kevin B. Postema

Money-Making Trade Show Seminar Schedule Free Booth?

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