Owner Bills Tenant Who Painted Without Asking
QUESTION: My former tenant repainted my kitchen cabinets without permission. I didn’t discover this until she moved out. Not only did she paint them a color that doesn’t match the rest of the kitchen, she painted them with a cheap, non-washable paint, so that now the kitchen can’t be kept clean from grease and dirt. The kitchen was freshly painted with a good quality washable paint just one year ago. I was counting on the paint lasting at least another year until I was ready to remodel the kitchen; however, in the meantime, I feel I should be able to bill her for repainting to match the rest of the kitchen. Am I justified in deducting this cost from her deposit?
ANSWER: Yes; if your tenant created a situation that caused a detriment to your property, she can be charged the cost of having the problem rectified. This is why most leases require written permission from the property owner before a tenant can make any changes to the property. If your tenant took it upon herself to paint in a color that doesn’t match, and with an inferior quality paint, she brought on herself the possibility that she would be charged to correct it. Because she acted without your permission, you should be able to deduct the entire expense.
No-Children Excuse Just Doesn’t Wash
Q: An apartment manager just told my husband that he doesn’t like to rent to families because children take too many baths. Our children are reasonably clean but certainly don’t break any records for water use. Do you think that something else could be going on here?
A: The apartment manager appears to be discriminating against families with children, and the excuse that he has chosen simply will not wash. General assumptions that children produce more noise, take more baths or do more damage to property than adults are base upon unfair stereotyping and cannot be used as pretexts for barring children from rental housing. Both state and federal laws guarantee that families with children will have an equal opportunity to rent the housing of their choice. For a referral to a fair housing agency that can offer you assistance, call (213)--HOUSING.
What to Do With Guest Who Stays Too Long?
Q: A house guest lived with my tenants for several months before they moved out. After they moved, he remained on the property, and now he refuses to pay rent or vacate. How can I get back my property?
A: If the rental agreement had a time-limit restriction for overnight guests, you could have made the former tenants responsible for removing the house guest. If you did not have a guest restriction, did not know about his presence or did not object to the guest’s presence, he is now your tenant, and you must serve him either with a “Three-Day Notice To Pay Rent or Quit” or with a “Thirty-Day Notice of Termination of Tenancy.” If he does not vacate, you can file a legal action for eviction in court. This action will probably result in a judgment that will force this person to move so that you can regain possession of your property.
To prevent this situation in the future, your rental agreements should clearly define who your tenants are and what restrictions apply to their guests. If you need to initiate legal action, be sure to name all occupants of the rental property, even those not listed in the original rental agreement. This makes all occupants part of a single eviction process. Tenants should thoroughly understand all rental agreement provisions and should consult the landlord before taking action that may create a violation, and thereby, jeopardize their tenancy.
It’s Illegal to Refuse Tenant Needing Walker
Q: My grandfather, who has been partially disabled by a stroke, tried to rent an apartment. He was refused despite his excellent references, good credit and substantial pension income. The landlord was afraid that grandpa’s walker might mar the walls or damage the door frames. Is it legal to refuse a disabled person for this reason? Would it help if we offered a larger deposit?
A: According to the Fair Housing Amendments Act of 1988, your grandfather cannot be denied housing just because his disability requires him to use a walker, wheelchair or other mobility aid. It is not legal for a landlord to require or accept a higher deposit to cover possible damage caused by a tenant’s disability. After all, shopping carts, strollers and carelessly moved furniture can all potentially cause the same type of damage. If such damage does occur, a charge can be reasonably deducted from a normal security deposit at the end of the tenancy. There is no justification for rejecting a qualified renter simply because a landlord assumes he will cause more damage due to his disability. For assistance with this and other questions about the rights of disabled tenants in rental housing, contact your local fair housing agency or the regional office of the U.S. Department of Housing and Urban Development office, at (800) 347-3739.
Must 30-Day Notice Start on First of Month?
Q: In the middle of this month, I gave my landlord a 30-day notice that I was moving out. My landlord says that the 30-day notice can only be given on the first of the month, and that I will owe him rent until the end of the next month. I thought that a 30-day notice means just that--30 days after the notice is given. I had already made plans to move into a the new apartment in 30 days, and I can’t afford to pay rent to two landlords at one time. What should I do?
A: Breathe easy. A 30-day notice to terminate a tenancy can be given either tenant or landlord any time during the month, as stated in California Civil Code Section 1946. Actually, the 30-day period starts the day after the notice is given. If you gave your landlord the notice on June 15, count 30 days starting with June 16. This means that your obligation to pay rent ends on July 15.
If Damaged Door Is Upgraded, Who Pays?
Q: I recently moved out of an apartment, and during the move, the front door was damaged. It was a hollow-core door, and now the landlord wants to charge me for a $300 solid-core door. Can the landlord charge me for this?
A: Your landlord’s decision to upgrade the door is his choice, and he is not entitled to pass this cost on to you. You are not obligated to pay for improvements to the dwelling. Tell your landlord that you are willing to pay the cost of a replacement hollow-core door, but nothing more. If you are unable to resolve this matter, contact your local housing mediation program for assistance.
Should 30-Year Friends Still Sign Agreement?
Q: I am moving into the home of a good friend. We have known each other for nearly 30 years, and I know that we will get along. My daughter is encouraging me to get a signed rental agreement before I move in. This seems awkward because I am sure that my friend and I will get along very well without a formal agreement. What do you advise?
A: Your daughter is giving you good advice. A written agreement can prevent problems in the future. You have been good friends for many years, but you have not shared living space before. Also, friends usually feel they are on equal footing, but undeniably you are stepping into a tenant/landlord relationship. Both you and your friend will most likely have some definite ideas of how this relationship should function, and it is best to put it in writing. This agreement need not be set down in “legalese.” It just needs to be clear, complete, and agreed to--that is, signed--by both of you. Your local housing counseling program should be able to help the two of you write an agreement.
