Q & A with Prop West

Q) Being an owner of a rent control property in the City of Los Angeles, can I move into a unit and continue leasing out the other units? What is the procedure to have one of the tenants vacate since they have lived there over eight years?

A) An application needs to be filed and approved by the Rent Stabilization for the City of Los Angeles. Relocation money would have to paid to the tenant. Currently that sum is $17,080.00. Since the tenant has been in the unit for over one year, a 60-day notice to quit would need to be served on the tenant, once the application is approved.


Q) In an unlawful detainer trail, a witness cannot attend due to preexisting vacation plans. Is it permissible for this person to sign a statement?

A) In general, an out of court statement cannot be used during a trial. This would be considered hearsay. If this person's testimony is truly needed, you should seek a postponement of the trial so that this person would be in attendance.

(Taken from Apartment Owners Association News, August 2008)


HAPPY THANKSGIVING!

Q & A with Prop West

Q) I recently moved in with my girlfriend in Los Angeles. Her landlord informed her that with me as an additional tenant, the rent will go up 10%. Is this right? Or is this just the landlord coming up with a way to make a little more money?


A) Under Los Angeles' rent control ordinance, the owners generally are allowed to charge 10% extra for each additional resident. There are exceptions to this rule, however.

For instance, the first minor child (including twins) in rent-controlled units in L.A. is free. Replacement renters are also free. For example, if your girlfriend started her tenancy with a roommate, her rent cannot be raised if you merely replace the former roommate, assuming your girlfriend is an original tenant in the unit.

(taken from Apartment Age, November 2008)

Q & A with Prop West

Q) My daughter rented an apartment where the landlord pays the utilities. It has no sir conditioning and she’s not allowed to get a portable air conditioner. Is it legal to stipulate this?

A) It’s not illegal for a landlord to prohibit the installation of a portable air conditioner, as long as this policy is stated in the lease or rental agreement. Landlords typically don’t like portable units. They are unsightly and add substantially to the cost of utilities, which naturally concerns landlords who pay the (utility) bills.

The only limit on the rule of this type is a reality check: In areas where temperatures are high in the summer, few tenants will agree to rent an apartment knowing that they cannot use a portable unit. In your daughter’s case, if she knew about the rule but signed a lease incorporating it anyway, she’s bound by that clause.

Your daughter might try approaching the landlord to see if they can work out a compromise. If they can agree that the (air) conditioner is likely to increase the utility bill by a certain amount during specified months, your daughter could offer to pay that sum.

(Janet Portman, Inman News)

Q) Where must smoke detectors be installed inside of a unit?

A) Apartments are required to have smoke alarms as per the building code at the time of construction. However, there are minimum requirements are that smoke alarms must be installed outside the sleeping area, such as in a hallway. If the apartment has more than one level, a smoke alarm must be installed on each level. The Office of State Fire Marshall recommends adding smoke alarms in each bedroom for additional protection. A smoke alarm should not be installed in kitchens, bathroom, garages, or unheated areas because moisture, frost, cooking vapors and exhaust fumes could cause the unit to sound a false alarm.

(Taken from Apartment Age, September 2008 and Apartment Management Magazine October 2008)