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What Are Rights in a Condo Conversion?

<i> Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners' service group</i>

QUESTION: I have lived in my two-bedroom apartment in Los Angeles since February, 1984. When I moved in I paid the first month’s rent, last month’s rent and a security deposit.

Now, the building is being sold to be torn down for new condos. We, however, have not yet been given our eviction papers. Here are my questions.

I understand that the owners will have to pay the tenants relocation fees. How much are these? Are they predicated on the rent levels? Also, do they have to give me back my cleaning deposit? After all, since the building is being torn down, they won’t be cleaning the apartments.

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ANSWER: You are likely entitled to relocation fees if the owner tears the building down and builds new condos on the site, unless he notified you that he may be building condos when you moved in, unlikely since it’s 6 1/2 years ago.

The fees are not predicated on rent levels, but are payable as follows. If you are a senior citizen, are handicapped or have minor children, you get $5,000. Others get $2,000.

If the owner demolishes the building without rerenting any of the units, he would be hard-pressed to keep any money for cleaning any of them. Defining Amount of Last Month’s Rent

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Q: Six years ago, I moved into my Arcadia apartment with a one-year lease. I was paying $600 a month for rent. The terms included first and last months’ rents plus a security deposit of $100. Now the rent is $760 and I am thinking about moving out.

The question is, what is the last month’s rent? Is it $600 or $760? Also, after the first year of my tenancy, I never signed a new lease agreement. Does that make me a month-to-month tenant?

A: Yes. That’s precisely what your continuing occupancy of the unit after the expiration of the lease makes you, a month-to-month tenant.

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Your first question, “what is the last month’s rent?” is a lot tougher to answer. If the owner merely identified the last month’s rent and listed it as $600 in your lease, that’s probably what it is. If, on the other hand, he called the $600 a deposit toward the last month’s rent, then it’s probably $760. New Owners Wants to Charge for Garage

Q: My parents have been living in their Los Angeles apartment for about 10 years. There is a new owner, but they haven’t had any problems with him except for one. About a year before the building changed hands, the garages, behind but not connected to the building, caught fire.

While all of the garages were boarded up for repairs, not all of them were affected by the fire. Now, over one year later, the garages are still boarded up and unrepaired. It does not appear that there are any plans to repair them.

However, my parents recently asked the new owners when they are going to have access to their garage again. He said the garages will be repaired “soon.”

When repaired, he said, they will even have automatic door openers, but my parents will also have to pay $80 a month for their two-car garage. They never had to pay for it before. They live in a two-bedroom apartment and have a month-to-month rental agreement, if that matters.

Do you think that the owner is trying to rip them off? If he is, what can they do?

A: You don’t say in your letter whether or not the unit is covered by Los Angeles’ rent control law. If not, the owner can charge your parents the market rate for the garage with a 30-day notice to change terms of tenancy.

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If the units are rent-controlled, and the garages were rented with them (as a part of the deal), it is highly unlikely that he could charge them $80 per month merely for the addition of the automatic door opener. To find out if the property is rent controlled, call (213) 624-RENT. Does Tenant Owe Rent for Day of Moving?

Q: I rent a furnished apartment in Pasadena. Rent is payable on the first of each month and I have a month-to-month rental agreement. I understand that I may give a 30-day notice to move at any time of the month, and if it’s not given on the first of the month the rent is prorated on a daily basis.

The question is, do I have to pay one day’s rent for the day I move out if I am out of the unit before noon? If I am billed, do I have to pay?

A: Prorated daily apartment rents are due from midnight to midnight, unlike hotel and motel rents, which often run from noon to noon. Like any other bill, you should pay it. If you don’t, you could be sued for the unpaid rent and costs in Small Claims Court. Where to Send for Tenants’ Booklet

Q: I live in Torrance, and I would appreciate it if you could give me information on where I can get information on California laws concerning renters’ legal rights and responsibilities.

A: The 50-page booklet “California Tenants: Your Rights and Responsibilities” is fairly comprehensive and free from the California Department of Consumer Affairs, which publishes it. All you need to do is send a stamped (85 cents), addressed, 7-by-10 envelope to California Tenants, P.O. Box 310, Sacramento, Calif. 95802. Questions on City’s Security Deposit Law

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Q: I live in Wilmington, and I have some questions about Los Angeles’ new interest-on-security-deposit law.

My questions include the following. Is this law retroactive? If so, am I entitled to a refund on the interest from my deposit, which the landlord has held for six years? Do renters get 5% simple or compound interest on their deposits?

A: No, it is not retroactive. As such, there is no refund of past interest. Landlords are required to pay tenants simple interest on deposits. It is payable every five years.

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