Key to Landlord’s Access Hinges on Duplicate
QUESTION: I went to my duplex to do scheduled maintenance work, and I noticed that one of my tenants had installed a deadbolt lock on his door. He told me that he wanted his place to be more secure because he owned expensive stereo and video equipment. When I asked him for a spare key, he said that I didn’t have the right to enter his apartment without giving him a 24-hour notice, and there was no need for me to have a key. Do I have the right to have a spare key in case of an emergency?
ANSWER: There is no law that requires your tenant to give you a key to the apartment. Nevertheless, under Civil Code Section 1954, you do have the right to enter the unit in an emergency situation without giving a 24-hour notice. In the event of a broken pipe or a fire in his unit, it would be difficult for you to enter without a key.
If you must force entry in an emergency situation because your tenant does not provide you with a key, you are entitled to collect from the tenant for any resulting damages to your property, including damage to the door itself. Explain to your tenant that you are aware of his right to privacy and that you do not intend to enter his unit without giving him sufficient notice.
Despite his concerns, you have legitimate rights in emergency situations where he may not be readily available to provide access to the unit. Inform the tenant that preventing damage to the building may also protect his stereo and video equipment.
To avoid situations such as yours, many owners include a clause in their rental agreements that prohibits tenants from changing the locks. If your tenant has a month-to-month agreement, you may add such a provision; since your tenant has already installed a new lock, you may also add a clause that requires him to provide you with a spare key. You will have to wait for 30 days for the new clause to become valid.
Manager Can’t Stop ‘Meals on Wheels’
Q: I live in a residential hotel and I have AIDS. I am receiving my meals from Project Angel Food, a “Meals on Wheels” type program, but the hotel manager told me that they cannot deliver my meals to me anymore, because he didn’t want to be bothered by non-residents coming in on a regular basis. I need to know what I can do about this situation.
A: The manager of the hotel must allow your meals to continue to be delivered to you. Federal law requires managers and owners of rental property to make reasonable accommodations to meet the needs of handicapped individuals, and the delivery of meals should qualify as such an accommodation.
If you continue to have a problem with your manager, call your local fair housing agency for assistance.
Landlord Can’t Charge Storage Rates for Room
Q: I was renting a room in a woman’s home, but because of some disagreements, I decided to move out. I gave her my 30-day notice and paid her rent for the remaining 30-day period. Although I still had many things there, I was staying with a friend. A week before the 30 days were up, I went back to get some of my property, but the lock had been changed. When I called to ask the landlady about it, she said I had abandoned my things and I couldn’t have them until I paid her a storage fee. Do I have to pay her the extra fee?
A: No, your landlady may not charge for storage fees. Although you were not staying in the room during the 30-day notice period, you still paid rent for the room. You are entitled to use the room until the 30-day period is up.
If your property remained in the room after the 30 days, your landlady would then be permitted to charge you storage fees. Before disposing of your property, however, your landlady must go through the correct abandonment procedures required by the law. You should ask your landlady, in writing, to return your property immediately. If she does not comply, you should contact a tenant-landlord attorney.
Changing Existing Rental Agreement
Q: I recently purchased a rental property, and would like to continue renting to the present tenants, but I am unsure about the terms of their rental agreement. Can I make changes to the current agreement, or is it better to ask the tenants to sign a new one?
A: Your ability to modify the existing rental agreement depends on the type of agreement currently in effect. If it is a fixed-term lease, then you must honor the terms of the original agreement until it expires. If it is a month-to-month agreement, you may make changes, but you must give your tenants a written 30-day notice before any changes can take effect. If changes are made, both you and the tenants should sign the new agreement, and each of you should retain a copy for your records. If you do not wish to make changes, you may continue to use the original agreement.
Mobile Home Renter Given 30-Day Notice
Q: I received a 30-day notice of rent increase for the mobile home I rent. I understand that state law requires that all notices in mobile home parks allow at least 60 days. What can I do?
A: You are out of luck. The 60-day period required by California law applies only to the mobile home owners who lease space in a park, not to renters. Because you do not own the mobile home, but rent it, you are considered a tenant, and for a month-to-month tenancy, a 30-day notice is all that is required.
