Landlord Must Evict Drug-Selling Tenants
QUESTION: I’ve been informed by the police that one of my units is being used for the sale of illegal drugs. Do I have a duty to evict the tenants who live in that unit? What if I don’t evict them and someone gets hurt?
ANSWER: Under the State Health and Safety Code, a landlord is required to ensure the safety of residents from a nuisance caused by another tenant’s illegal drug activity. If the landlord fails to take steps to prevent the nuisance, the landlord will be liable for damages to others as a result of the illegal activity.
In addition, the court may order the closing of the premises, and the landlord will then be responsible for the relocation costs of all residents who were not involved in the illegal activity. Considering the foregoing, it would be prudent for you to terminate the tenancy of all residents who are involved in the use, sale or manufacture of controlled substances. You may want to work closely with the police department to ensure that you are not violating anyone’s civil rights in your efforts to maintain a drug-free apartment building.
Ex-Tenant Must Pay for Repairs, Made or Not
Q: My kids stained the carpet and also left a few cuts in the linoleum. When we moved out, the landlord charged us for the stains and the cuts, but I know that he did not clean the stains or fix the linoleum. Since the new tenant moved in the apartment with those problems, can the landlord still charge me for the damages?
A: If you caused damages to a rental unit, you are responsible for them, whether the property owner takes care of them or not. As in a car accident, the owner of a damaged car can collect damages for the costs of repairs and decide not to fix the car. The property owner can estimate the cost of the repairs, or replacement if it is prorated, and charge you for them.
If you feel that the charges are reasonable, you should pay; if not, you may try to negotiate a reasonable payment with the landlord. If you decide to take the landlord to Small Claims Court, the judge will decide if the charges are reasonable based on the evidence produced by you and your former landlord, including repair receipts.
Manager Refuses to Rent to a Woman
Q: I have spent weeks looking for a small studio apartment closer to my job. Imagine my frustration when I found the perfect apartment, only to be told by the owner that he would not rent to a woman because women use too much electricity drying their hair. Can this be legal?
A: No, this is not legal. The Federal Fair Housing Act protects people from discrimination based on their sex. Both male and female tenants use electricity for a variety of purposes, including drying their hair. Any attempt to exclude members of either sex on the basis of unfair stereotypes about their behavior, electrical or otherwise, will have a discriminatory effect.
There are never any valid reasons for “sex discrimination,” but due to a lack of education on the Fair Housing Laws, discrimination in all forms still exists. You will need to contact your local fair housing agency by calling the Housing Discrimination Hotline at (213) HOUSING.
Owner Obligated to Maintain Area Safety
Q: I live in a second-story apartment with a dimly lit exterior stairwell. I have asked the owner several times if he would put in more adequate lighting, but he has taken no action. I have just slipped on a banana peel that I failed to see due to the poor lighting, and as a result, have a very sore ankle. What can I do to enlighten this owner?
A: The owner has an obligation to maintain the premises in a safe and habitable condition, and may be liable for any harm caused to you due to the lack of sufficient lighting. You may wish to write to the owner about the relationship between your recent accident and the continuing problem with poor lighting in your building. If this does not work, contact your city building official who will inspect the premises and notify the owner if the lighting is below code requirements or is otherwise unsafe. Your local housing counseling program can also assist you by contacting the owner and explaining both the tenants’ need for better lighting and how his own best interest lies in making certain that his building meets all safety requirements.
Rent Can Be Raised When Lease Expires
Q: Our lease ends this month; however, the owner and I have agreed to continue our arrangement on a month-to-month basis until my husband’s out-of-state transfer to Washington comes through. Can the owner raise the rent under these circumstances?
A: Yes, now that your lease has expired, the owner may raise your rent, but must give you a 30-day notice in keeping with your new status as a month-to-month tenant. The 30-day notice allows both you and your landlord more flexibility, and as such, makes it easier for the landlord to raise your rent. If the increase will create a hardship for your family, you may wish to contact a tenant/landlord agency in your area for additional information and assistance. Of course, tenants and landlords in rent-control areas should consult the appropriate agencies to find out how local ordinances affect the timing and amount of any rent increases.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif.
