All Dogs Have Fleas . . . Maybe
QUESTION: I own a small apartment complex and allow pets. I collect a pet deposit and I always tell my potential tenants that they will be charged for defleaing when they vacate.
I now have a prospective tenant who disagrees with the defleaing charge and says I can’t do it. Is he right?
ANSWER: According to California Civil Code 1950.5, you cannot collect deposits at the beginning of a tenancy that are designated as “nonrefundable,” However, defleaing is considered a legitimate charge against a deposit, should the apartment need this service at the time the tenant leaves. You cannot predict with absolute certainty how the unit may be returned to you, and you must give the tenant full opportunity to fix the problem first.
As a solution, instead of collecting a separate pet deposit, you may want to collect a higher security deposit and use this deposit for expenses allowed by Civil Code 1950.5, as well as for any pet expenses if they do occur, such as property damage or defleaing costs. Be sure the deposit amount does not exceed twice the monthly rent if the unit is unfurnished or three times the monthly rent if the unit is furnished.
Must Notice Be Signed by Person Receiving It?
Q: The gentleman who rents a room in my home is quite unhappy with most of the house rules. I’ve tried to make the living conditions as pleasant as possible, but he is impossible to please and is a constant complainer. Therefore, I personally gave him a 30-day termination notice. He says that since he didn’t sign the notice, it is invalid. Does a 30-day notice have to be signed by the receiving party?
A: No. The only signature required on a 30-day termination notice is that of the person issuing the notice. In fact, none of the notices served by a landlord need to be signed by the receiving party. Be sure that any notice you serve is properly completed and contains all necessary information. Also, be sure to keep a copy for your records.
Landlord Thinks Receipt Is a Hassle
Q: For several months, my tenant’s rent checks have bounced. I gave her a 30-day notice requiring future rent payments to be either cash, cashier’s check or money order. To avoid the expense of a cashier’s check or money order, she elected to pay in cash, but requests a receipt. This is an inconvenience and I don’t really want to do it. What do you think?
A: The receipt issue is covered by California Civil Code and the Code of Civil Procedure. Section 1499 of the Civil Code states that “a debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.” Section 2075 of the Code of Civil Procedure states that “whoever pays money, or delivers an instrument or property, is entitled to a receipt therefore from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.” In other words, you do need to provide your tenant with a receipt.
In any case, whenever any cash transaction occurs--be it for rent, utility bill, or loan payment--it makes good business sense for both parties to use a receipt as a record of the transaction.
Day Care Operator Uses Rented Home
Q: I recently opened a licensed family day care business in my rented home. When the landlord discovered that I was operating the day care, he informed me that I was in violation of the rental agreement by using the home as a business, and if I continued in this activity, he would evict my family. Can he do this?
A: No. California law (Health and Safety Code section 1597.550) states that any attempt, verbal or written, to prohibit the use of property as a licensed family day care home is void. This means that your owner cannot prevent you from starting a licensed family day care home or order you to stop operating one. Even if your lease specifies that businesses or day care homes are prohibited, that section of the lease has no legal effect. Although nothing can prevent your owner from filing an eviction action against you, this law protects you from being forced out solely because you operate a family day care.
Now why is your landlord adverse to your business? There can be several reasons, and a likely one is that he fears liability. If a child is hurt in a day care, the property owner as well as you could be sued--we are living in a litigious society. One way to avoid this scenario is to have an insurance policy that specifically covers both the owner of the property and you, as the operator of the center. Although the owner cannot demand that you have insurance, if you do have insurance or an insurance bond, the landlord can demand that he be named on the policy, provided that it does not result in the cancellation of your policy. However, the property owner would be expected to pay for any additional insurance costs. The owner may also be afraid of excessive wear and tear on the premises. You may allay some of these fears by offering a larger deposit; a deposit of up to twice the monthly rent is permitted under the California Civil Code for an unfurnished property and up to three times for a furnished dwelling. For more information regarding these issues, you can contact your local Fair Housing Office, (213) HOUSING.
Cottage on Grounds May Be Illegal Unit
Q: The property I recently purchased has a “mother-in-law” cottage on the grounds. I want to tear it down and install a swimming pool, but it is occupied. Also, I’m not sure it’s a legal unit and the tenant is now complaining about conditions. She plans to contact the building inspector. Any advice?
A: To protect yourself, you should take the initiative and contact the building inspector yourself to determine the status of the cottage. If it is not a legal unit, you would be required by the local municipality to abide by the building and zoning codes. If it is a legal unit and the tenant contacts the local building department to request an occupancy inspection, the building could be condemned if there are conditions that threaten the tenant’s health and well-being.
However, assuming the unit is legal and habitable, your next step would be to give a written 30-day termination notice to the tenant--unless a lease was signed with the previous owner. You may even consider offering her a financial incentive to move out early. Be aware that if the tenant already has contacted the building inspector or other government agencies, this 30-day notice could be considered a retaliatory eviction, but only upon determination of the court. If this occurs, the tenant could stay another 180 days. If she refuses to move at the end of the 30-day period, you can proceed with a legal action for eviction, known as an unlawful detainer. Because the issues are complex, you should contact your attorney or local housing mediation program for assistance.
*
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 housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council in your area:
