Collecting Promised Referral Fee Isn’t So Easy

Question: I live in Valley Village and I have a couple of problems with the management company that runs this building.

I was told by the manager that if I were to refer a new tenant to the building, I would get a $100 referral fee. Almost a year ago, I referred a new tenant to the building and that person rented an apartment here, but I have not yet received the $100.

I have written to the management company twice, but they have not responded. Also, the staircase railing in our building was painted recently and the painter only posted “wet paint� signs halfway up the stairs. People coming downstairs had no idea the paint was wet.

Unfortunately, my wife’s $50 skirt got paint on it and can no longer be worn.

We spoke to the painter, who apologized repeatedly and acknowledged his mistake. He said we should talk to the management company and they will work something out.

I wrote to the management company about this, too, but they have not responded either. How can I resolve these problems without any conflict?

Answer: While issues and problems often can be resolved easily without any conflict, that’s not always the case.

Writing to the management company at least three times without any response qualifies these issues as problems in my book, which are harder to resolve without conflict.

You may not be able to resolve these problems without conflict. I assume you also have talked to the on-site manager about the problems without results.

Because you say you were “told by the manager� about the $100 referral fee, I also assume that there is nothing in writing. That’s OK because oral contracts of this nature are binding in California.

But if the on-site manager who told you about the referral fee is no longer working at the building, it may be difficult to prove your case in Small Claims Court, which may be the only place to resolve these problems.

Regarding your wife’s paint-damaged skirt, you should consider suing the painter for those damages. If anyone was negligent about not putting up enough “wet paint� signs, it was the painter.

It will be hard to sue the management company for negligence and rely on the painter’s statement that the management company “will work something out� because the management company does not appear to be negligent or a party to that agreement.

You might want to try writing one more letter to the management company that threatens legal action; however, unless $150 ($100 for the referral and $50 for the skirt) is that important to you, I wouldn’t follow with a lawsuit if you want to avoid conflict.

Value of Abandoned Property Is the Issue

Q: I own a rental property in Rancho Palos Verdes. What legal rights does a tenant have to recover abandoned personal property left in a rental unit for more than four months?

The tenant moved out of the unit, owing money, and placed a lock on a bedroom door containing his property. I had to hire a locksmith to get the lock off and then had to store the property.

Now, after four months, the tenant wants his property back. What’s the law?

A: The law differs depending upon the value of the abandoned personal property.

If the reasonable estimate of the total value of the personal property abandoned is less than $300, and you followed the abandonment notice procedures required by California law, you can dispose of the property as you see fit, including throwing it out or keeping it for yourself.

If the value of the property is more than $300, the procedure is far more complicated. If that’s the case, the best thing to do in your situation is probably to negotiate a reasonable settlement with the tenant.

Under California law you can charge him for the cost of the locksmith and the reasonable storage charges you have incurred for storing the property. If you had to pay someone to haul the property to a storage facility, you also can charge him for that.

Your letter says that the tenant moved out owing money. While you may be able to recover some of that money in a Small Claims Court action, you cannot charge him for unpaid rent, cleaning fees or damages as a condition of him recovering the personal property.

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Kevin B. Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.