New Paint, Carpet Not Required

Question: A friend of mine has rented an apartment in Burbank. She’s already signed the lease and put a deposit down but she didn’t ask the landlord if he was going to clean the apartment before she moved in.

The previous tenant lived in the apartment for two years and had a cat. Even after moving out, she left things in drawers and cabinets. Is there a law that states a landlord has to repaint and clean carpeting between tenants? Does my friend have any recourse in getting any of this done?

Answer: Among other things, California’s habitability law (Civil Code 1941.1) requires landlords to maintain apartment buildings in habitable condition.

That includes keeping the “building, grounds and appurtenances at the time of commencement of the lease or rental agreement in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.”

There is nothing in the civil code specifically requiring a landlord to paint or carpet an apartment between tenancies.

Nevertheless, most landlords do paint and carpet vacant units because they are a lot easier to rent that way. It is likely that your friend’s apartment will be cleaned up by the time she moves into it.

If the landlord does not clean the apartment before your friend moves into it, she may be able to compel him to clean it if any of the problems violate any health codes. Of course, getting the owner cited by the Los Angeles County Health Department will not endear her to him.

The next time your friend rents an apartment, she should make sure that she gets everything of consequence to her in writing before signing the lease.

Co-Signer May Help Renter With Bad Credit

Q: I live in Los Angeles, and I would very much like to move from my apartment into a new one. Unfortunately, I have a number of negative items on my credit report. Most, but not all, are 5 to 6 years old. I have lived at my current residence for 14 years, have never paid the rent late and have a steady income as the owner of a small, home-based business.

What can I do to mitigate these circumstances when applying for an apartment? Would an out-of-state family member as co-signer be of value?

A: Your task would be greatly simplified if all of your credit problems were 5 to 6 years old instead of continuing. Most prospective landlords can understand if you had monetary problems that caused credit problems years ago, but then righted your ship and kept your debts current.

Six years of monetary problems means it will he an uphill battle to convince prospective landlords that your credit is not an issue.

Co-signers with good credit will greatly aid your cause. Because apartment owners or managers can actually meet them, local co-signers are better than those from out of state.

It also may help if your landlord writes a letter on your behalf indicating that you have never been late with a rent payment in 14 years.

Window Coverings Are Tenant’s Responsibility

Q: I live in Studio City and I have two questions for you. My prospective landlord will not furnish a stove or refrigerator in the apartment, which I understand is legal. He also won’t provide any blinds or curtains for any of the windows. Is that legal?

Also, I paid off an eviction that was filed against me in 1993. Is there a time limit on how long eviction agencies can report these items to prospective landlords?

A: Please see the first question in this column. Your window covering question also is covered by California Civil Code 1941.1

It requires the landlord to provide you with “effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.”

It does not contain any language requiring the landlord to provide you with any type of window coverings. Unless you can negotiate something with the landlord, you’ll have to supply your own window coverings if you take the apartment.

The answer to your second question comes from the Federal Fair Credit Reporting Act and California’s Consumer Credit Reporting Agencies Act.

Under both laws credit reporting agencies can report on your negative credit for seven years.

After that, any negative information, like an eviction, should automatically be deleted from your credit report.

Energy Costs Needn’t Be Volunteered

Q: In our West Hollywood apartment building, all of the one- and two-bedroom apartments get their hot water from individual 40-gallon gas heaters with rapid recovery. They provide ample hot water at very reasonable monthly rates.

Our singles (studios) use under-the-counter, 30-gallon electric water heaters with much slower recovery. Coupled with the refrigerator and air conditioner, the electric bills in these single units can run $35 a month or more.

Some of the tenants from the singles are complaining about their high power costs. One says that we should have informed them of the condition prior to them signing the lease. Are we legally obligated to divulge this information prior to lease signing?

A: A $35 monthly electric bill, even for a small apartment unit, is not inordinately high. Even if the bill were “high,” you would not be charged with the duty to inform the tenant of this prior to signing the lease.

It is their responsibility to ask about things that are important to them before renting the unit. When they ask such questions, you are required to answer honestly.

For instance, if they asked whether the water heater were gas or electric and you falsely told them it was gas, they may have some recourse as a result of your false representation.

Similarly if, prior to moving into the unit, they asked you about the water heater and whether the electric water heater warmed the water as quickly as a gas one, and you were not candid with your answer, you may be in hot water.

Some state and federal laws do require disclosure of some conditions or faults, like the dangers of lead or asbestos. Nothing in any of the codes requires you to voluntarily inform prospective tenants about “high” energy costs or how appliances are powered.

Kevin Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group, and manager of public affairs for the California Apartment Law Information Foundation, which disseminates information about landlord-tenant law to renters and owners in California. Mail your questions to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.