Kimberlee Tran was working on a paper one night when she heard a
thump. Not sure where the noise came from, she continued typing
away. Several moments later, she heard three continuous thumps.
“It was my neighbor downstairs,” said Tran, a
fourth-year psychobiology student.
Tran said her neighbor uses a broom to hit her ceiling when she
thinks Tran and her three other roommates are being loud.
In addition to the thumping, Tran’s neighbor has called
the police and even peeked into Tran’s window to see if any
commotion was going on.
“Sometimes we are a little loud, but she usually complains
when we’re studying,” Tran said. “She’s
even called complaining when all of us were sleeping.”
Tran said the situation has gotten better. Her neighbor no
longer calls the police and the phone calls and thumping have died
down in the past couple of months. But the initial situation could
have been avoided if Tran was aware of her legal rights as a
tenant.
With the school year coming to an end the hundreds of UCLA
students who are moving into apartments may also face problems that
can be remedied with legal action.
According to Liz Kemper, the director of Student Legal Services
at UCLA, students who face a situation similar to Tran’s can
file a harassment suit against another tenant if the situation
intensifies. However, Kemper said students must understand the
rules of their apartment upon signing the lease.
“Landlords can put restrictions on how loud and when you
can play your stereo or TV,” Kemper said. “Students
must pay attention carefully to the rules provided by the landlord
or manager.”
Kemper said landlords have the power to evict tenants who create
a nuisance. In some cases an evicted tenant will be responsible for
paying the rent of the unit until a new tenant occupies it.
“If you’re not careful, you can be liable for
significant damages,” Kemper said.
Another issue students may face in apartments is coming home and
finding their manager or landlord roaming around unannounced in
their homes.
According to California Civil Code 1954, landlords are required
to give at least 24 hours notice for each intended entry. Kemper
also said there are some exceptions to the rule. Landlords may
enter a tenant’s home in case of an emergency.
“There are agreed-upon repairs in which a landlord may
enter the premises without 24-hour notification,” Kemper
said. “An emergency like an overflowing bathtub that is
dripping down to lower levels also qualifies.”
When students find they do have an overflowing bathtub or a
dysfunctional toilet, they are not responsible for the cost of
repairing it. According to California Civil Code 1941, managers and
landlords are required to maintain an apartment in good working
condition. However, if damage does occur because of neglect on part
of tenants or their guests, the tenants are liable for damages,
which may be deducted from their security deposits.
Tran said when she moved into her apartment two years ago, the
unit was in fairly good condition. She had received a new stove,
and it was newly carpeted and painted. But many students who will
move into apartments at the end of the year may not find their new
homes in as good a condition.
Kemper said items deducted from the security deposit most
tenants are required to pay include unpaid rent, damages in excess
of ordinary wear and tear, and cleaning. Ordinary wear and tear are
things in the apartment that happen to be broken.
Kemper suggests sending a landlord or manager a list of problems
already present in the unit when moving in. Documenting preexisting
damages will ensure a tenant will not be liable for those damages
when leaving the unit.
“In addition to presenting the letter, students should
also print it out and keep it for their own records,” Kemper
said. “I don’t know how many times I’ve heard
students complain about how their letter was in their computer and
got erased because the computer crashed.”
With summer approaching, Tran is planning on moving into a new
apartment and hopes she won’t have to face the same issues
she faced at her current home.
“Even though my neighbor hasn’t complained as much,
it’ll still be nice to live someplace where I won’t
have to worry as to whether or not I’m bothering my neighbors
when studying.”
Students may contact Student Legal Services at (310)825-9894 or
visit its Web site at at www.studentlegal.ucla.edu.