Work to Roof Damages Tenant’s Belongings

QUESTION: I have a problem at the single-family home I rent from my South Pasadena landlord and I would appreciate your help, or referral to an agency able to help. My landlord, by the way, is Caltrans.

During October of 1990, the roof of the home had to be replaced. This work was done by a roofer/contractor hired by Caltrans. I, unfortunately, was not at home when they put the tar on the roof. When I came home, there was tar on the walls in two rooms in the house, among other things.

The damage to my paintings, clothing, drapes, etc., adds up to around $80,000, and I’m having trouble collecting anything from the contractor or Caltrans.

Caltrans claims it hires only licensed and insured contractors, but when I contacted them about this, I was told this contractor was not insured for roof work.

Besides Caltrans, I have sought help from several attorneys but nobody wants to take on Caltrans.

Do you know where I can get some help with this problem? I am now refusing to allow any Caltrans contractors to work on the house unless they can show me proof of insurance, avoiding any future problems.

But, the roof still leaks and Caltrans refuses all of my pleas for help. What are my rights as a tenant?

Also, the house is infested by termites. Isn’t it the duty of the landlord to keep insects and vermin out of the building?

ANSWER: As you may know, both leaking roofs and pest infestations that are not fixed in a timely manner by landlords (generally 30 days after notification) are violations of state civil code or local health and/or safety department codes.

Those rules apply to all landlords, even Caltrans.

The leaking roof problem falls under the jurisdiction of the Planning and Building Dept. of the city of South Pasadena, according to a spokesperson for the city. The department can be reached at (818) 799-9101.

The spokesperson said that city officials would probably first talk to Caltrans to try to resolve the problems.

The pest problem, according to the spokesperson, is the domain of the Los Angeles County Health Dept., which can be reached at (213) 780-2272. (However, termites generally disturb owners more than they disturb tenants.)

For your personal property damages problem, contact the Los Angeles County Bar Assn. (LACBA) for referrals to attorneys. The referral phone number is (213) 622-6700. A spokesperson for the LACBA said the number is very busy and it may take several calls, and hours, to get through.

According to Trevor A. Grimm, general counsel of the Apartment Assn. of Greater Los Angeles, “The liability, if any, is the joint and several responsibility of the owner (Caltrans) and the roofing contractor. They can sort out the bill between themselves, or the court will give them a hand.”

If you had an insurance policy covering your personal property at the time of the incident (I assume you didn’t), the insurance company may have had some liability to you for damages, depending upon the provisions of the policy.

I always recommend that renters get a good renters’ insurance policy to cover their personal property, and many insurance companies offer such policies at reasonable rates.

Who Should Pay for Security Bars?

Q: After several break-ins at my downtown Los Angeles apartment, and subsequent burglaries, I have asked the landlord to install security bars. He has consented, but only if I pay for one-half of the job.

Is this fair? Is it legal? Since I cannot take the bars with me when I move, and since they add to the value of his property, it seems to me as if he should pay all of the costs.

Otherwise, can I expect to be compensated for my half of the expense when I move out of the unit? If not, can I take the bars with me when I move out?

A: Requiring you to pay for one-half of the expenses of these new security bars is probably legal and fair.

Even if your unit is rent-controlled by the City of Los Angeles’ Rent Stabilization Division, the rent law contains a provision allowing landlords and tenants to enter into agreements for additional services, which these security bars appear to be.

The agreement is called an Additional Services Contract, and, if your unit is rent-controlled (phone (213) 628-RENT to find out) the law requires that the agreement meet the following criteria:

“a. Be written.

b. Describe the additional services.

c. Specify the length of the services.

d. Specify the monthly charge for the services.”

Such contracts must be entered into voluntarily by both parties, landlord and tenant, and are not considered rent under the ordinance. If the unit is not rent-controlled, such agreements are only limited by your creativity.

Since you are not paying the full cost of buying and installing the bars, you cannot take them with you when you leave, unless the owner agrees to let you take them.

Postema is the editor of Apartment Age Magazine, a publication of The Apartment Assn. of Greater Los Angeles (AAGLA), an apartment owners’ service group. Mail your questions on any aspect of apartment living to Apartment Life, AAGLA, 621 S. Westmoreland Ave., Los Angeles, Calif. 90005-3995.