Can Manager Force Curfew on Children?
QUESTION: The resident manager has notified all families in our complex that children must stay inside their apartments after 7 p.m. Can a manager impose a curfew of this type on a specific group of residents? It seems so unfair to the children to keep them inside while others remain free to enjoy the grounds in the evening.
ANSWER: With the passage of the Fair Housing Amendments Act of 1988, familial status became a protected category under the law. As a result, children now have the same rights to enjoy the benefits of rental housing as do any other tenants and should not be excluded from enjoying the property. If the manager has specific concerns about children’s outdoor behavior, these should be directly addressed with the parents and children involved. Also, it is strongly recommended that parents and children inform themselves of any locally enforced youth curfews.
General issues regarding safety and respect for the rights of others living in the complex, including the observance of reasonable “quiet hours,” should, of course, be of concern to all residents of your complex.
Is Rent Due During 30-Day Notice Period?
Q: My tenant gave me a 30-day notice in the middle of the month, a time which is not convenient for me. Now she refuses to pay me the rent for the two weeks of the next month when she still plans to occupy the unit. Doesn’t she need to pay me all rent due for the 30 days of the notice to make it valid?
A: A notice of termination of tenancy can be given by either party on any day of the month, and the tenant does not owe rent beyond the following 30 calendar days. Each rental agreement should specify when rent is due, usually at the beginning of the month. If your tenant pays rent on the first of the month, then on the first of next month she will owe you two additional weeks of rent. However, the notice is valid by itself, and it does not depend on the payment of the rent. If your tenant does not pay, you may then elect to take the money from the security deposit, or sue her in small claims court, if necessary.
Manager Won’t Tell Tenant Owner’s Name
Q: I would like to go to court to get back my security deposit, but the manager refuses to give me the owner’s name and address, and the manager is the person who signed the lease. How can I get my deposit if I don’t know who owns the property?
A: You may try naming the manager in the lawsuit or at least threatening to do so. According to Civil Code sec. 1962, if a manager fails to disclose an owner’s name and address or the name of the owner’s agent for service of process, that manager will be deemed the owner’s agent. Also, when your manager signed the lease, he assumed the owner’s position under the lease, and he may be held personally liable for problems related to the managed property. Informing the manager of this fact may be enough to elicit the owner’s identity. If not, the county recorder’s office probably has the information you need.
You may also check with the county tax assessor or the city and county business license office. If the property is owned by a corporation, its agent of service is listed with the California Secretary of State and the Department of Corporation. Keep written documentation of your attempts to ascertain ownership, as this will be helpful in court if you are forced to sue the manager for the return of your deposit.
What Is Best Action for Harassed Tenant?
Q: I’ve lived in my apartment for nine years. Two years ago, new managers took over. I think they have singled me out because they assume that, as a member of an ethnic minority, I can be easily intimidated. These people have been harassing me, my roommates and my guests ever since they became managers.
Now I have a new roommate moving in and they are giving him a really tough time. Since I alone signed the lease originally, I have always been solely responsible for the unit. This time, however, the managers required a full-blown application from my roommate and now they want him to sign the lease. I feel comfortable renting a room to this person, but I do not want to be legally entangled with him. I prefer to have it be the way it has been, and I feel that this new requirement is just another form of discrimination and harassment. Now they have served me with a three-day notice to have my roommate turn in the signed lease. What would be my best course of action?
A: A change in the policy by which tenants are qualified is not in itself a problem. The change must have some business-related foundation, and, if management changes the policy, they must apply it to all incoming residents. Roommate relationships and their legal standing are difficult issues to deal with. It would obviously be a problem for the managers if you vacated the unit but left your roommate there, and he was then unable to pay the rent.
The important question to ask here is how is management dealing with the same issue for other residents? Are they now imposing these requirements on all residents or are they treating you and your roommate differently? You should contact your local fair housing and mediation agencies to discuss the problem and the different options available.
