Can Landlord Charge Fee for Overnight Guest?
QUESTION: I live in a four-bedroom house with three other roommates. Our landlord is very nosy and lets himself into the house without notice. Last Saturday a friend spent the night with me. When we came down in the morning, the landlord had again let himself in and was waiting in the living room. He said that since my friend hadn’t left by 10 a.m., I would have to pay a $10 daily rate fee for guests. Although I pay my rent on time each month, I have never signed a rental agreement with the owner, and I know of no such rule. Can my landlord hang out in the house and make me pay this $10 charge?
ANSWER: All landlords must respect their tenants rights to privacy. California Civil Code Section 1954 states that the only time a property owner may enter a rental unit without notice is 1) in the event of an emergency, 2) with a court order. Your landlord’s entry into your home without prior notice is inappropriate, to say the least. In fact, it sounds like trespass to me.
Without a written rental agreement, you are considered to have a standard month-to-month rental agreement. If your landlord wants to implement a new rule regarding overnight guests, you must be given a written 30-day change of terms notice. Given the circumstances you describe, you are not obligated to pay the owner anything.
This type of situation can be avoided if both tenants and landlords understand their respective rights and responsibilities.
Is Building for Owners of Pets Discriminatory?
Q: I have just purchased an apartment complex that has had a no-pet policy. I have pets, and I would like to allow my tenants to have pets, but I see some potential problems. Specifically, there are tenants who don’t want pets around, especially if they are in an adjacent apartment.
I am in the process of completely renovating one building in our complex, which is now empty. When this renovation is complete, my idea is to allow pets in this building and in this building only. I am concerned that I may get involved in some kind of fair housing or discrimination hassle. Is this a risk for me?
A: There should be no problem in providing a “pets” building in your complex, while you can still continue to refuse to allow pets in other areas. You can of course, charge a pet deposit if you wish; it is your choice. The only exception to prohibiting pets in other buildings would be in the case of guide dogs, signal dogs or service animals to which handicapped people are entitled.
(It should be noted that the maximum security deposit cannot be greater than two times the monthly rent of an unfurnished unit, and this includes cleaning deposits, pet deposits and key deposits.)
To keep things uncomplicated, be consistent in all restrictions you may place on pets; before you open your “pet unit,” set down these restrictions in writing. Some examples might could be limits on size, breed and perhaps species or characteristics (snakes, raucous parrots and so on).
You may have a marketing success on your hands.
Must Landlord Supply a Written Receipt?
Q: I have a tenant who insists on getting a receipt from me when she pays her rent. All my tenants pay by check, therefore I figure the canceled check can act as a receipt. If this is the case, do I need to give a written receipt in addition to the canceled check?
A: Although it is not necessary to give receipts to tenants who do not request them, you are obligated to give them to those who do, and it’s probably a good practice regardless. Both Civil Code section 1499 and Code of Civil Procedure section 2075 require that receipts be given to anyone who pays a debt and demands such in return. Also, a tenant can also request that the receipt be signed by the receiver of the funds. By giving receipts to all of your tenants, you establish a means of tracking rent payments if any questions arise and the canceled check cannot be found.
Does Tenant Have Right to Better TV Reception?
Q: I rent a room in a remote mountain area. My television reception is very poor, even though there is a TV antenna on the roof. I asked my landlady to provide cable service, but she refused, because of the expense. What are my rights?
A: Sorry, we don’t have good news. Under Civil Code 1941.1, the property owner must provide: 1) effective water-proofing and weather protection of roof and exterior walls, 2) plumbing and gas system, 3) hot and cold running water connected to a sewer system, 4) heating facilities, and 5) electrical system--all that in good working order. Additionally, Civil Code 1941.4 states that a property owner must provide one working telephone jack.
As you can see, TV reception is not part of this code. Perhaps if you offer to share the initial cable installation fee and monthly expenses in part or whole, the property owner would agree to the installation.
