Owner Should Rent to Unwed Pair
QUESTION: My boyfriend and I are moving in together. After looking for the right place for two months, we finally found it right here in Manhattan Beach, where we now live. The problem is that the landlord says he would prefer not to rent to unmarried couples. Is that legal?
ANSWER: Refusing to rent to you because of your marital status is not legal in California under our state’s fair housing laws. As long as you qualify for the apartment the owner is obliged to consider you as renters.
Must Landlord Paint Units Every 5 Years?
Q: I own a six-unit apartment building in Mar Vista, a part of Los Angeles and under its rent control law. One of my tenants is claiming that under the rent law I must paint her unit because she’s been here for five years. Is that true?
A: No. You are asking about “maintenance standards,” which are unique to the city of West Hollywood, where apartment owners are required to paint their tenants’ apartments every four years. Los Angeles’ version of rent control contains no similar provision.
West Hollywood apartment owners are also required to replace their renters’ carpets every seven years unless they can demonstrate to the rent control board that they do not need to be replaced.
‘Last Month’s Rent’ a Security Deposit
Q: I’m moving from my Pasadena apartment of seven years next month and I have a problem. My rental agreement has a section that clearly says I have paid my last month’s rent, which was $450 in 1982. Now the rent is $650 and my landlord wants me to pay the difference of $200. Do I have to pay this money or is my last month’s rent paid?
A: Because your landlord identified a portion of your security deposit as the “last month’s rent,” you need not pay the $200 difference. State law defines all deposits, including the last month’s rent, as security deposits. However, any part of a deposit that is specifically designated, such as last month’s rent, must be used for its designated purpose.
For instance, if your landlord has identified $25 as “key deposit” and you return all the keys, he must refund that portion of the deposit to you, regardless of any unpaid rent or damages.
Had your landlord identified the entire deposit he collected seven years ago as security deposit, which he could have done in the rental agreement, you would have to pay the full $650 for your last month’s rent.
Landlord Entitled to No-Show Deposit
Q: I took a $100 deposit from a prospective renter to hold a vacant Los Angeles apartment off the market for him. He was to move in one week from the day I took the deposit and accepted him as a tenant. He changed his mind three days later, after I had taken down the “For Rent” signs and pulled my advertisement from the newspaper. May I keep the deposit?
A: Since the prospective tenant was accepted and it was he who changed his mind, you may keep some or all of the deposit for your “liquidated damages.”
They include the following: the cost of readvertising the unit; the reasonable daily rental value of the premises, beyond the day the renter was to move into the unit until it is re-rented; any leasing fees, and any credit checking fees.
If the prospect had qualified for the apartment and you subsequently changed your mind, for whatever reason, you would be required to refund the entire deposit.
Landlord Can’t Force Dog to Be Evicted
Q: I am a renter in Los Angeles. I’ve had my little dog for three years now and the landlord never seemed to mind. Now he wants to change the building’s policy on pets, and he’s demanding that I get rid of my dog. I would move before I would do that. The rental agreement states “No Pets,” but it seems unfair to me. Should I start looking for another apartment?
A: If you live in the city of Los Angeles you can probably unpack those boxes. If the landlord accepted rent for much more than a month and he knew about the pet, and it sounds like he did, he has waived his right to require you to get rid of your dog.
He may prohibit any new renters moving in to the building from having pets, but he cannot evict you for keeping your dog if he has accepted the rent knowing of her presence.
If you gave up your dog or it died, the landlord may prohibit you from getting a new pet, as long as he uniformly bans pets in the entire building.
Can Extra Deposit Be Charged for Dog?
Q: I own an apartment building in Lomita. A tenant wants to get a dog. I don’t mind, but I would like to get some additional security deposit in case the dog does a lot of damage. How much can I get?
A: That depends on how much security deposit you’ve already got. State law allows you to collect two months’ security deposit for unfurnished apartments and three months for furnished. That includes any deposit that you may choose to call “last month’s rent.”
There is no provision in California law for any additional pet deposits if you are already collecting the maximum. If not, you may negotiate a “pet agreement” including additional deposit money up to the state limit.
Mail your questions on any aspect of apartment living to “Rentformation,” Apartment Assn. of Greater Los Angeles, 621 S. Westmoreland Ave., Los Angeles, Calif. 90005-3995.
