Troublesome Roommate Refuses to Move
QUESTION: I read your answer in a previous column about how to get rid of troublesome roommates. Among the options, you listed a 30-day notice, but it has not worked. It has now been six weeks since I gave her the notice, but my roommate refuses to move out. I am the only person on the lease, in an affordable rent-controlled area, and I don’t want to move. What can I do?
ANSWER: Whether you are dealing with tenants, subtenants or roommates, you should use the appropriate procedure to assure termination of their tenancy. You may not change the locks, disconnect utilities, remove personal property or take any direct action to force her out.
Unfortunately, because your roommate refused to move out within the 30-day notice period, you now must go through a legal eviction procedure to remove her, which is done by filing an unlawful detainer claim against her in your local municipal court. This may be your only option in getting your apartment back if your roommate does not move out on her own.
Although you can file the legal action yourself, it is safer to consult an attorney or eviction service for assistance. If you win in court, the judge will order the sheriff to evict your roommate, and she may also have to pay for your expenses.
No Obligation to Take Rent Out of Deposit
Q: I lost my job recently and because I can no longer afford my current rent, I plan to move out in the next 30 days. I have paid a security deposit that will more than cover the last month’s rent, but my landlord refuses to allow me to use this money. He said he would serve me a three-day notice, unless I pay the rent now. Although I don’t have the money to pay this month’s rent, I plan to clean the unit thoroughly and to leave it in excellent condition. Where do I stand?
A: Your landlord does not have an obligation to take the rent out of the security deposit. The security deposit is taken at the beginning of a tenancy to ensure that the landlord can be compensated for damages left by a tenant. The landlord can deduct costs for repairs and cleaning that are in excess of normal wear and tear. Additionally, the landlord can deduct for any past due rent.
Your landlord may fear that if he allows you to use part of the deposit to pay rent, he may be left with no funds to use on needed repairs and cleaning. Perhaps you could alleviate his fears by suggesting he come over and inspect the unit. You could also mention that you would be willing to sign an agreement stating that if there are costs exceeding the deposit due to damage in excess of normal wear and tear, you agree to pay the balance due.
‘Steering’ Families With Children Is Illegal
Q: During my recent search for an apartment, a manager mentioned that all the families with children lived in a special section of his building. I had never heard of such a practice. Isn’t this a form of segregation?
A: This illegal practice is known as “steering.” According to federal and state law, it is illegal to limit the use of any housing facilities or services because of race, color, religion, sex, handicap, national origin or familial status (presence of children). By making some of the units unavailable to families with children, the management is violating the law. If you need further assistance, call your local Fair Housing Agency.
Must Landlord Install Phone Jack for Tenant?
Q: I intend to rent a room in an owner-occupied house and would like to have my own phone. I am curious whether there is a law that would require the owner to pay for the installation of a phone jack in my room, even if there is a phone in the kitchen for common use?
A: Civil Code section 1941.4 states that an owner must provide at least one phone jack in a rental unit, but does not require him to install more than one. Since you have access to a telephone in the home where you rent a room, you cannot force the owner to pay for the installation.
You might be able to persuade the owner to contribute to the cost of installation, by explaining to her that once the job is done, the jack will be there for all future tenants to use. Further, by having separate phone lines, the owner will avoid possible problems with phone bills and won’t have to feel like a personal answering service for her tenants.
College-Age Building Must Accept All Ages
Q: A middle-aged man wants to rent an apartment in the complex I manage. I don’t believe he will be happy here, because the building is full of college students and is very noisy at times. Although he likes the location, and has told me that he enjoys having young people around, I still have reservations about accepting his application. Must I rent to him?
A: Under California law, owners and managers are prohibited from discriminating against prospective renters on the basis of age. As long as your applicant qualifies financially and has good credit and references, you should accept him. You have done your part by informing him about the character of the complex and the surrounding area; now it’s up to the tenant to decide if he will be comfortable there.
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. 94087, 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 (310) 475-9671.
