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 this 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 the 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.

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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 5%, although I know the legal limit is 4% 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 will be 5% without gas and electric, 7% with both of those utilities paid.

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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.

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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.

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Questions may be sent to AptlifeAAGLA@aol.com.