Association Balks at Wheelchair Ramp
QUESTION: I recently tried to rent a condo from its owner. She originally told me I could have the unit, but later said that the condo association would not allow a wheelchair ramp to be added to the property. I am a paraplegic and could not otherwise live in the unit, which has steps to the front door.
Can the association bar me from renting the unit from a willing owner in this manner?
ANSWER: It is illegal under federal and state law to refuse to rent to a tenant because the person is physically or mentally disabled.
Furthermore, under federal law, a landlord must allow a disabled tenant to reasonably alter the property to accommodate her disability, for instance, by adding a wheelchair ramp.
A landlord does not have to pay for the property alterations, and can require the tenant, within reason, to restore the property to its original state when the tenant moves out. For example, the tenant could be required to pay for the removal of a ramp, but not to narrow a doorway that he has had enlarged to accommodate a wheelchair.
The condo association cannot impose regulations that would effectively bar occupants in wheelchairs, since the owners themselves are prohibited from barring them.
If the condo association does not drop its discriminatory policy, you should contact the U.S. Department of Housing and Urban Development.
Can Landlord Charge for Changing Locks?
Q: I recently moved out of an apartment where I had been living for two years. When I received a check for the balance of the deposit, I was surprised to see that $20 had been deducted for changing locks. If this legal?
A: Unless the landlord has a compelling reason to believe that a tenant has retained copies of the key and may cause a serious threat to the property or to future tenants, a landlord may not charge a tenant to have the locks changed. On the other hand, if the tenant fails to return all of the keys upon moving out or has changed the locks during tenancy and has failed to provide the management with a key, then the charge may be justified.
Tenant Surprised by Fee for Garage
Q: I have just rented a cottage with a small attached garage. The owner included the garage in our tour when he showed me the property; in fact, he even demonstrated the use of the garage door opener, an action which certainly led me to assume that the use of the garage would be mine.
When I moved in, I parked my car in the garage and thought nothing of it. A few hours later, the owner requested an additional $100 per month for the use of the garage. He claimed that since no mention of the use of the garage appears in the lease, I shouldn’t have assumed anything about it. Can he really charge me more?
A: Although the lease does not specifically mention the use of the garage, the owner appears to have implied its inclusion in the rental at the time he showed you the property. Since you have a lease, he must wait for its expiration until he can raise your rent or institute any other additional charges.
Under a month-to-month agreement, the landlord could simply give you a 30-day notice, either modifying the rental agreement to specifically exclude the garage or raising your rent to cover the additional charges.
For now, try to sit down with the owner, discuss your concerns and work out an agreement. Circumstances like yours show how important it is to have clearly written agreements between tenants and landlords. Renters in rent control areas should consult with their rent control boards regarding rent increases or service reductions.
Tenant Presented With ‘Transfer Fee’
Q: I moved from a studio apartment to a one-bedroom apartment within the same complex. After I moved into the one bedroom apartment, the manager told me that since I had left my studio apartment in clean and undamaged condition, I would receive my security deposit back in full within two weeks.
A couple of days later my manager informed me that the owner was going to keep $75 of my security deposit for a transfer fee. I have never heard of this type of fee, and certainly was not told before I moved into the new apartment. Do I have to pay this fee?
A: Under California law (Civil Code section 1950.5) rental deposits are fully refundable. Deductions may be made only if the tenant has left the rental unit damaged or in need of cleaning, or if he owes unpaid rent. If you left your apartment clean and undamaged and owed no rent for your old unit, your deposit should be returned to you in full. A “transfer fee” functions as a non-refundable deposit and is illegal, regardless of whether or not you were informed about it in advance.
Can Tenant Protect Against Earthquake
Q: A recent report on earthquake safety recommends that normally free-standing heavy furniture, including bookshelves and pianos, should be anchored to the walls. I wonder how this advice applies to those of us who are renters? Do we need to get permission from our landlords to take such precautions?
A: Earthquake safety remains a subject of interest for most California residents, and renters have some special concerns. Safety precautions of the type mentioned above should be discussed with your landlord for two reasons: One, most rental agreements specifically forbid tenants to repair or alter the premises without the prior written consent of the landlord, and two, items permanently attached to the premises become the landlord’s property unless otherwise agreed between tenant and landlord.
Perhaps you and your landlord can draw up a simple written agreement in which you promise to return the walls to their original condition at the time you move out in return for your landlord’s assurance that he will not claim furniture that has been anchored to the walls for safety purposes as his own.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 582-B Dunholme Way, Sunnyvale, Calif. 94305, but cannot be answered individually. For help in the Los Angeles area, call the Metro Harbor Fair Housing Council at (213) 539-6191 or the Westside Fair Housing Council at (213) 475-9671.
