Tenant’s Refrigerator His Responsibility
QUESTION: I rent a unit in an older fourplex and my monthly rent includes the use of a similarly old refrigerator. The refrigerator is not energy efficient and the motor runs constantly. My utility bills are very high, and I was told by the utility company that the refrigerator could be the reason.
I told my landlord that I would like to buy my own refrigerator and asked if he would reduce my rent to compensate me for using my own appliance. He said no. Doesn’t my landlord have to compensate me since I’m no longer using an appliance included in my rent?
ANSWER: No, not in this situation. Although the refrigerator provided by your landlord was old and inefficient, he has no obligation to replace it with a more modern one as long as it works. Nor does he have the obligation to reduce your rent if you decide to buy your own refrigerator.
Automatic Shut-Off Faucets Acceptable
Q: My daughter is finally able to move out of the group home where she has been living. We are proud of her progress, and believe she will have little difficulty adjusting to her independence. However, she occasionally forgets to turn off the water after she uses it. Can she have the same, automatic shut-off faucets installed in her apartment as she had in the group home?
A: The federal fair housing law requires reasonable accommodations for the handicapped to be made when they are practical and feasible. In this case it is practical for the landlord to allow your daughter to install, at her own expense, faucets that shut off automatically. This type of reasonable accommodation should enable your daughter to live on her own. If you have any further concerns about this issue contact your local fair housing agency.
As an additional safeguard, you may also obtain renters’ insurance for your daughter, which would cover possible damages caused by her actions or failures to act.
Tenants Should Pay for Excess Water Fine
Q: I rented a two-bedroom unit to a family of two adults and two children. The rental agreement provides that the unit may only be occupied by these four people. I received a complaint that there are 10 people living in the unit. I also received a $765 penalty for exceeding the building’s water allotment.
I sent the tenants a notice stating that they must comply with their rental agreement by having the additional people move out immediately. Can I also insist that they pay the water penalty, since I believe they used the excess water?
A: You can charge them, as long as you can prove that these “visitors” used the extra water. You should rule out other causes, such as interior or exterior pipe damage, or abuse by tenants in other units. If you discover that other units have more than the allowable occupants, you must treat them similarly, by asking them to comply with the lease and assessing them a fair portion of the penalty as well.
Tenant Can’t Be Evicted Solely Because of Age
Q: My mother, a woman in her late 70s, has been asked to leave her apartment because my husband and I plan to move out of the area. Mother lives independently and does all her own driving and shopping. In fact, I visit her only a couple of times a month, but the manager feels that mother will become her responsibility when I move. Can she force my mother to move from her apartment solely because of her advancing age and lack of close relatives living nearby?
A: No, the manager should be informed that California state law prohibits discrimination on the basis of age. Even if your mother may require more assistance in the future, she can continue living in her rented apartment as long as the manager is not asked to perform any unusual services for her.
Your mother could provide the manager with phone numbers in case of emergencies or sudden illness. Should your mother later become disabled, the manager must provide reasonable accommodation for her handicap in the same way that she would for any disabled tenant.
If your mother receives a 30-day notice of termination, she should contact a fair housing agency immediately.
Reference Can Fill Rental History Need
Q: I have been in a mental rehab program for the past two years, and I am now ready to live on my own. I am concerned that I will have trouble renting an apartment because I do not have a recent rental history. What can I do?
A: The 1988 Fair Housing Amendments Act requires owners to make reasonable accommodations for renters and applicants with physical and mental disabilities. In your situation, the landlord should accept references from your employer or social worker, instead of insisting on prior rental history. This requirement should make it easier for you to rent an apartment on your own. If you have any further questions or if you encounter any problems, contact your local fair housing agency.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif.
