Rent Control Law Allows Increases for Utilities

Question: I live in Reseda. To protest my 6% rent increase, I showed the property manager one of your columns indicating that rent increases for apartments under Los Angeles rent control are limited to 3%.

I was told that they can raise the rent higher because they pay for my utilities and electric. Can you explain the fine print?

Answer: Landlords under L.A. city rent control are allowed to charge an additional 1% per utility if they pay for your electric and/or gas bills.

They must pay the entire bill in order to increase your rent by 1%.

For instance, if the landlord pays for the gas to heat the water, but does not pay for the other gas expenses, such as the furnace or oven, he may not increase the rent by 1% for the gas.

In your case, assuming the landlord pays all of the utility bills (electric, gas and, probably, water), he can assess you a 5% annual rent increase. That’s the annually allowed 3% plus 1% for gas and 1% for electric for 5% total. He cannot raise your rent 6% based solely on the general annual adjustment plus utility increases.

It sounds as if he is charging you 1% each for the gas, electric and water. Although he is allowed to charge for the gas and electric, he is not allowed to charge 1% for the water or 1% for the newest utility expense, sewer service fees.

City of San Gabriel Not Subject to Rent Control

Q: I moved into my apartment in November 1999. The rent was $650. Now, I am paying $705 per month. I thought that landlords in L.A. could only increase rents by 3% per year. I live in San Gabriel. Is the landlord doing something illegal? If so, can I get the overpaid rent back?

A: The landlord is not doing anything illegal, and there is no overpaid rent to get back. Los Angeles city rent control applies only to the city of Los Angeles. The city of San Gabriel is a separate and distinct entity with its own laws, rules and regulations.

However, your San Gabriel landlord would not be overcharging by much if you were under Los Angeles rent control. Under L.A. rent control, allowing 3% annual rent increases, the landlord would be allowed to raise your rent from $689 to $710 this November.

Roommates Are Both Liable for the Rent

Q: I live in Anaheim with a roommate. We leased the apartment for 11 months and still have four months to go on the lease. My roommate wants to move now, before the lease is up, and her plan is to get evicted for nonpayment of rent.

Although I am willing to stay until the lease is up, I can’t afford the rent without her.

Can the landlord force me to pay the full rent?

Am I solely accountable for my irresponsible roommate?

A: Most leases and rental agreements provide that the tenants are “jointly and severally” responsible for the rent.

This means that you are responsible both together and alone for the full amount of the rent.

If your roommate moves and you stay, you will be responsible for the full rent.

Getting a new roommate, with the landlord’s permission, would seem to be a reasonable solution to the problem.

While you are not solely accountable for your irresponsible roommate, she could damage your credit rating and your ability to get another apartment, among other things, if she goes forward with her plan to get evicted for nonpayment of rent.

If she is evicted for nonpayment of rent, you will be evicted right along with her, which will show up on your credit report, damaging both your credit ratings.

That will make it much harder to get your next apartment, especially when the eviction is based on nonpayment of rent.

Because you are on a lease, you also could be responsible for the remaining four months’ rent. The landlord does have to make efforts to mitigate the damages by trying to re-lease the apartment, but if this is not successful, you could be stuck.

Evictions are usually handled by attorneys.

If you lose the eviction (and I can’t imagine how you could win if the eviction is based on nonpayment of rent) you will pay attorney fees and court costs.

Relocation Fee Is Only for Tenants in L.A.

Q: I live in a mobile home park in Santa Clarita. The park is being redeveloped into a shopping center. All tenants will relocate their homes to the upper side of the park or sell them.

Do relocation fees apply to mobile home tenants in Santa Clarita?

A: I’m sorry, they do not. You are referring to the city of Los Angeles’ rent stabilization law, which only applies to rentals in Los Angeles.