Sign of Bias in Foreign Language
QUESTION: I noticed a vacant apartment in my neighborhood, but the only sign posted is written in a foreign language and I can’t find any advertisement for it in the local paper. I’d like to see the apartment, but I am afraid the owners only want to rent to people sharing their own background. Can they advertise exclusively in this way?
ANSWER: By narrowing the pool of potential renters only to those who speak and read a particular language, the property owners are giving the appearance of practicing arbitrary discrimination. You are protected against arbitrary discrimination by the Unruh California Civil Rights Act.
The owners should supplement the existing sign with one in English that contains the same information. They should also follow this practice in any other form of advertising they use. For assistance in locating the property owners and encouraging them to make their advertising more accessible, contact your local Fair Housing agency.
Owners Pay $200, Interest When Deposit Is Withheld
Q: Ever since I moved out of my former home eight months ago, the owner has been stalling me about refunding my security deposit. My rent was fully paid and I left the house very clean and undamaged. My deposit was $1,500, and I need my money now.
I am really upset that my landlord has unlawfully kept my deposit for the past eight months, and I would like to teach him a lesson by requesting large punitive damages. However, I was told that I can get only $200 in punitive damages. Can I make my ex-landlord pay me larger punitive damages?
A: According to California Civil Code, Section 1950.5, a judge may award punitive damages of up to $200, plus a 2% monthly interest on the amount of the deposit, starting with the day you moved out. In your case, if the judge rules that you are entitled to the full refund of $1,500, and that the owner should also pay interest, you may get an additional $30 for each month until you receive your refund, as well as a maximum of $200 in punitive damages.
The judge may not grant you punitive damages beyond those allowed by the Civil Code. As the law now stands, many people feel that the $200 maximum punitive damages and the 2% per month interest do not provide very much incentive for a former landlord to pay what he owes.
When the law was originally passed, the $200 cap on punitive damages was quite reasonable, but inflation has a way of eroding even penalties. If you think that the law should be changed to reflect our current economy, you may contact your legislator in Sacramento.
Landlord Must Give Deposit Information
Q: The building in which I live is for sale. I will be moving soon, and I’m worried about the return of my security deposit. What if the building is sold and I can’t get my deposit back because I don’t know the identity of the new owner? Must my landlord provide me with this information?
A: When your landlord sells his property, he must do one of two things. Under Civil Code Section 1950.5 (g) your landlord must either return your deposit to you with an itemized statement of deductions, or he must transfer your deposit to the new owner.
If he transfers your deposit to the new owner, he must provide you with an itemized statement of any deductions he has made, specify the amount of money transferred to the new owner on your behalf, and provide you with the name, address and phone number of the new owner. Your landlord should give this notice to you personally or send it to you by first-class mail.
If your landlord does not satisfy these requirements, both he and the new owner can be held responsible for the return of your deposit. For this reason it is in the landlord’s interest to give you notice of the change. If your landlord chooses to return your deposit, you may be asked by the new owner to make a new deposit.
Tenant’s Lingerie and Landlord Don’t Mix
Q: I am a single woman who lives in a townhouse with a small back yard. I often use a clothesline in the yard to dry my wash in the sun. My landlord suddenly appeared at the house last week and told me that he does not want me to dry my lingerie outside because he does not like the way undergarments might look to others in the neighborhood.
I resent his demand, and feel that he has no right to tell me what I can and cannot hang out to dry. Does he have the right to restrict my activity in this way?
A: No. Provided that there are no terms in your lease that restrict your use of the back yard, you have every right to wash and dry your laundry as you see fit.
Your landlord has no right to enter your back yard or any other part of your home without giving you a satisfactory reason and a 24-hour notice. By not providing you with a notice he is violating your privacy. By demanding that you not use the back yard for your laundry, he is attempting to prevent you from having the full enjoyment of your home.
You should discuss the matter with him, and explain that, under the terms of your agreement, he may not restrict your use of the yard. If he does not acknowledge your position, seek the assistance of a nearby tenant/landlord mediation service.
