Landlord Would Like New Name for the Job
QUESTION: In the past years, I’ve avoided calling myself a landlord, because some people do not associate positive images with this word. I have noticed that you often use the term in your column. How about coming up with a new name for our occupation?
ANSWER: According to Webster’s Dictionary, “originally a landlord was the lord of a manor or of land; hence a man who leases land, house, etc. to others.” Currently, the term, landlord, is often used for the property owner and sometimes (improperly) for the manager acting as an agent for the owner. Also, the California Civil Code uses the term landlord in the sections governing rental housing.
As with most businesses, the majority of landlords try to do the best they can, by keeping up with the laws, managing their properties efficiently and with consideration for their customers, and by contributing to the community. A few bad apples do not define the entire group.
However, various professions have changed their names, not only because of unfavorable impressions, but because the old labels did not reflect increased duties, responsibilities or changes in social norms. Secretaries have become administrative assistants or office automation specialists, stewardesses are cabin attendants and your mailman is now your mail carrier.
Your question is an invitation to all the readers of Rent Watch. Please write to us if you feel that the term landlord is archaic or inappropriate, or if it projects an undeserved negative image. Also, send us suggestions, and maybe together we can coin a new term.
Can Landlady Charge ‘Lease Transfer Fee’?
Q: I’m a student who lives with three other students in a rental house. Recently, two of my roommates moved out and we found two more to move in. The landlady then handed out a new rental agreement along with a demand for us to pay a $75 “lease transfer fee.” Can she do this?
A: No, your landlady is not entitled to charge you a “lease transfer fee.” The courts have ruled that landlords are permitted to take only rent payments, security deposits and a reasonable fee for verifying the tenants’ credit. Although some landlords have tried to cover some of their expenses by imposing additional fees, variously called “administrative,” “processing,” or “move-in,” these fees have been judged to be invalid. A landlord may not impose them to cover what is considered to be a normal cost of doing business.
If you need help explaining this to your landlord, call your local housing mediation program or consumer protection agency.
May 16-Year-Old Use Weight Room?
Q: Our complex has just opened a weight and fitness room, and my 16-year-old son wants to work out there, using a routine he developed with his physical education instructor at school. The manager told him that it’s just not safe for someone his age to use the facility, which in his opinion, was designed with the adult residents of the complex in mind. What do you think? Can my son really be restricted from using the fitness room?
A: Under the 1988 Fair Housing Amendments Act, your son is entitled to full use of the complex facilities and amenities. In some instances, however, use of the pool, spa or fitness room may be limited by state and/or local health and safety codes that specify the ages at which minors may use these facilities with and without adult supervision.
In the absence of such regulations, accepted standards, such as those used by local gyms and health clubs, may be used. For instance, if the accepted standard in your community requires youths 18 and under to be supervised by an adult while using fitness equipment, then you will need to accompany your son and be responsible for him while he uses the facility.
If the manager still seems reluctant to allow your son to use the fitness room after you have shared this information with him, then it may be time to contact your local fair housing agency for assistance.
Rent Increase Notice Must Be in Writing
Q: I just moved out of an apartment where my landlord deducted $600 from my security deposit, saying it is for unpaid rent for the past year. He claims my rent was increased $50 a month a year ago; I never received a written notice, nor did he ever ask that I pay more each month when I gave him a check for the rent. He claims he told me of this increase when my lease expired and I went on a month-to-month basis. Can he hold me to this increase?
A: No, he cannot. Any notice of increase in rent must be in writing, as required by California Civil Code section 827. Because you had a month-to-month rental agreement, your landlord had the option of giving you a 30-day notice of a rent increase at any time.
However, because your landlord accepted monthly payments at the lower rate, without giving you any further notice that more money was due, he in effect agreed to continue your tenancy at your initial rent rate. Therefore, he is not entitled to deduct back rent from your security deposit.
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 Westside Fair Housing Council at (310) 477-9260.
