Landlord Reneges After Approving Pet
QUESTION: With my landlord’s permission, I got a dog from the Humane Society. Two days later, my landlord called to tell me he changed his mind, and because my lease has a “no pet” clause he plans to evict me if I don’t get rid of the dog. Shouldn’t the “no pet” clause be void since the Humane Society wouldn’t have given me the dog without my landlord’s permission?
ANSWER: It certainly doesn’t seem fair, either to you or the dog, for your landlord to change his mind, but unless your landlord expressed his consent in writing, you may have a hard time forcing the landlord to accept the dog. Tell your landlord that you got the dog from the Humane Society based on his approval, and that, if he had been unsure, he could have said “no” when the worker called. Now that you have the dog it is much harder for you to give him back.
Perhaps your landlord would reconsider if you offered him an additional deposit. Point out to him that a deposit would protect him from damages the dog might cause, and it is a better alternative to both of you than eviction.
By the time your landlord takes the time and money to pursue a lawful detainer action in court, it may be too late to prevent whatever damage he believes the dog might cause, and even worse, the judge may agree with you and allow you to keep the dog without having to increase deposit. For assistance, you may want to call your local mediation program.
In This Case Mother Should Get in Free
Q: I would like to have my mother live with me and my family in my mobile home. When I notified the park manager of my intentions, he told me that my rent would be increased because of the additional occupant. Is this rent increase fair?
A: In certain cases rent may be increased for additional occupants, but there is an exception for owners of mobile homes who rent space in a mobile-home park. According to California Civil Code Sec. 798.35, a mobile-home owner cannot be charged a fee based on the number of individuals in a household if they are “immediate family” members. “Immediate family” for these purposes includes the homeowner, the homeowner’s spouse, their parents, and their children. Since your mother falls under the definition of “immediate family,” you should not be charged additional rent if your mother joins your household.
Earlier Heart Attack No Cause for Rejection
Q: My sister and I disagree over my handling of an application from a qualified renter who wanted an apartment in a complex we own. I rejected the applicant because he mentioned that he’d had a major heart attack two years ago and I feared that he might die in the complex and upset the other tenants. My sister feels I may have violated the law by discriminating against this man because of his medical condition. Is she correct?
A: Your sister wins this one. With the passage of the 1988 Fair Housing Amendments Act, renters and prospective renters gained protection from discrimination against their real or perceived disabilities. A heart attack in your applicant’s past should not create a barrier between him and the housing he desires. Contact your fair housing agency for information on renting to disabled people.
Circumstances Control Return of Deposit
Q: My wife and I are considering purchasing a mobile home, and the park management has asked us for a $100 deposit so they can check our credit. If we do not buy the home, will the deposit be returned to us?
A: According to Civil Code Sec. 798.74, it depends on why you do not buy the mobile home. If the management approves you to move in, and you decide not to purchase the home, the management is entitled to keep only the part of the deposit that offsets their administrative costs of approving your application. If they reject you as residents, the entire deposit should be returned to you. On the other hand, if you are approved and do decide to buy the home, the $100 should be credited to your first month of rent.
