Spanish-Speaking Tenant Signs Lease Unaware
QUESTION: My friend recently signed a rental agreement she thought was month to month, but in fact is a one-year lease. Because she does not speak English, the landlord spoke with her in Spanish. The landlord showed the unit to my friend, asked her to sign a rental agreement that was written in English, and had her pay a deposit. My friend feels that the landlord misled her, and wants to terminate her tenancy with a 30-day notice. What can she do?
ANSWER: Your friend may be able to rescind the lease and move out. Under California law, if a written contract or a lease is negotiated in Spanish, a Spanish translation of the agreement must be provided, unless the person signing the agreement has his or her own interpreter helping with the transaction. If your friend does not want to stay in this apartment under the terms of the rental agreement, Civil Code Section 1632 allows her to cancel the lease.
Regardless of the law, it is good sense to make sure that tenants understand what they sign, and it is a good business practice for landlords to provide tenants who speak only Spanish with a rental agreement in that language.
Your friend should inform the landlord that, under this law, she has the right to move out; if the landlord does not agree to cancel the lease, she should contact her local tenant/landlord program or an attorney for assistance.
Lease Can Provide for Midyear Rent Hike
Q: Our landlady has asked us to sign a new yearly lease. The new lease includes a $25 increase in our rent after the first six months. Can she raise the rent in the middle of the lease?
A: Yes, the increase will be binding, as long as you are informed of it before you sign the lease. After the lease is signed, it cannot be changed until it expires, unless both you and your landlady agree to the change voluntarily.
This is the main difference between a fixed-term lease and a standard month-to-month rental agreement, which requires only a 30-day notice to make changes. The terms of a lease that are agreed to at its inception, including changes in the rate of rent midway through the lease period, are valid and must be followed.
Harassment Claim Must Be Resolved
Q: One of my tenants sent me a letter informing me that the resident manager has been harassing her sexually. The letter does not give any details, but I am very disturbed. The resident manager denies all the accusations, and I do not know what to do. Should I fire the manager? Should I ask the tenant to move out?
A: By asking your tenant to move out, you may be “shooting the messenger,” further victimizing the victim, and opening yourself for legal action. By firing the manager without proof, you may be unfair to your employee. Just because a tenant alleges misconduct does not mean that it happened, nevertheless you cannot afford to ignore it.
Sexual harassment is illegal under both state and federal law. Both as a business owner and as a citizen, you should take all measures to ensure that sexual harassment does not occur in your complex. Take the time to investigate your tenant’s complaint thoroughly. Find out from your tenant what happened and what actions, gestures or words of the manager made her feel harassed. See if the allegations can be corroborated by other residents.
If you think that the manager’s action was not intended, or that it was based on inadequate understanding, make sure that the manager understands what behavior is and is not acceptable.
Because of the growing public awareness of sexual harassment, more women are unwilling to tolerate even jokes or comments that 10 or 20 years ago would have passed without reaction. Send written notices to all your employees, informing them of the law, and that you will not tolerate any infraction. Also, you may want to require your employees to take a sensitivity training course on sexual harassment.
Owner’s Quota System Is Discrimination
Q: When my family and I were looking for a place to live we found an apartment that would have been fine, but when the landlord revealed his “policy” we lost interest in renting from him. Of the 15 units in his building, he reserves one for blacks, one for Hispanics, two for Asians and the rest for whites. The landlord told us he would be happy to rent to us, but currently the unit he allocates for blacks is occupied. He said he would be happy to put us on a waiting list for that apartment. Is this legal?
A: Absolutely not! On the face of it one might think the landlord was abiding by fair housing laws because he rents to minorities, but his strategy of allocating units to different ethnic groups is a form of discrimination. For each and every apartment all qualified applicants should be considered and the picking of tenants done regardless of race.
Everyone is protected under Title VIII of the federal Civil Rights Act of 1968 and the Unruh Civil Rights Act, so do not hesitate to call your local fair housing program if you think your rights have been violated.
Rejection of Seniors Based on Having Car
Q: My husband and I are both seniors. We want to apply for an apartment in a downtown senior complex. We requested an application and the manager asked us if we had a car. When my husband said we did own one vehicle, the manager abruptly declared they were not accepting applicants who own cars.
He went on to say that because there is a parking problem in the area, most residents use the bus system or call a cab. According to his policy, non-vehicle owners have priority over those who do own cars. We do not want to sell our car just to move into this complex and we know of nowhere we can store it. What can we do?
A: The unusual situation you just described is an example of arbitrary discrimination. The manager does not have the right to refuse renting to someone because that person owns a vehicle, just as it would be unfair to refuse renting to someone who wears a certain style of clothing. For further assistance, call your local Fair Housing office.
This column is prepared by Operation 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 (310) 539-6191 or the Westside Fair Housing Council at (213) 475-9671. (Copyright, 1992.)
