Landlord Acts as If They’ve Already Moved Out
QUESTION: We have been tenants in a single-family home for which we pay substantial rent. Our lease expires at the end of this month and we paid rent to the end of the month. Although we have found another home and have already moved in, we have not moved all of our belongings out of the first house.
The reason we moved was that the owner has put the house on the market. Every time I go to the house there is evidence that he--or someone--has been inside. Cigarette butts are left, and one time the front door was ajar.
I gave the owner my daytime phone number, but he never calls to give notice that he’s planning a visit. I finally got in touch with him, and he said that as far as he’s concerned, I’ve moved out and that he’ll come in whenever he feels like it. What are my rights? I’m concerned about the security of my belongings that are still in the house.
A: You are entitled to privacy as spelled out in the California Civil Code 1954. This code essentially says an the owner cannot enter at will, needs to give 24-hour notice and needs to have a good reason (such as showing the property to prospective buyers). Since your notice has not expired, the owner must assume that you occupy the property and give you proper notice. Returning the keys to the owner traditionally signifies return of possession.
You can point this out to the owner. If he doesn’t want to cooperate and respect your right to privacy and security, you can involve a mediation service. Your final recourse is small claims court. Let’s hope you won’t have to go that route.
Landlord Can’t Charge Extra for Service Dog
Q: One of my tenants has just informed me that he requires a service dog because of his recent disability. I have no problem with this, but can I charge a pet deposit and a de-fleaing fee? How about requiring that the animal be neutered?
A: No on all counts. California Civil Code 54.2 allows people who are physically disabled (including those who are blind and/or deaf) to have service dogs, and it prohibits a property owner from requiring that the animal be neutered or that an extra charge or security deposit be imposed for this type of animal.
Just like any other charges for damages, de-fleaing, if needed, can be deducted from the security deposit at the end of the tenancy.
Owners May Charge to Restore Modifications
Q: My tenants recently moved out, and when I went through the house for a final inspection, I noticed that the tenants had installed a pet door without my permission. They also removed the screen door and didn’t reinstall it before they left. Can I charge them for rectifying the modifications they made without my consent?
A: If a tenant modifies a rental unit without the owner’s consent, the tenant takes the chance that the owner won’t like the modification and will hold the tenant responsible for returning the unit to its original condition. Your charges for restoring the unit must be reasonable. During the tenancy, if you see a modification, you may issue a Three-Day Notice to Perform Covenant or Quit Notice to get the tenants to rectify the change or face eviction if they do not. Otherwise, it is your option to do the repairs and deduct the money from the tenants’ deposit with an explanation for the deductions.
Changes in Rent Terms Cannot Be Retroactive
Q: For the past 15 months, I’ve paid gas and electric bills for my apartment, and my landlady has paid the water bill. This has been the arrangement since I moved in, and is even spelled out in the month-to-month rental agreement. She now says I have to pay for water and has given me a “retroactive” bill covering water for the past 15 months. Do I have to pay this?
A: No. California Civil Code 827 addresses the manner in which changes can be made to a rental agreement. All changes must be made in writing and given to the tenant in advance as a Change of Terms Notice. The effective date for the changes depends on how often the rent is paid. Since you have a month-to-month agreement, you are only responsible for the water bills beginning 30 days after receiving the written change notice from your landlady. Only past violations of rental agreements can be enforced in the present; rental agreement changes cannot be retroactive.
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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, CA 94087 but cannot be answered individually. For help in the Los Angeles area, call the Westside Fair Housing Council at (310) 477-9260.
