Her Cat May Have Left a Few Gifts for the New Tenant

QUESTION: I recently moved to a new apartment with my aging, but well-behaved, Siamese cat. My former landlord and I parted on good terms and he made only a few deductions from my security deposit when I moved out.

I was just beginning to settle into my new home when, after two months, I received a huge bill from my former landlord. He claimed that his new tenants complained about a stench and that, after he pulled the carpets, he discovered that the carpets and pads were permeated by cat urine.

He is asking me to pay for replacing the carpets and pads. The amount he expects me to pay is greater than my entire original security deposit. Can tenants be charged for repairs beyond the amount of the deposit?

Also, I am not certain that my cat was responsible for the damage. It could have been someone else’s cat entering the apartment while they were painting and preparing it for the new tenants. What are my rights in this situation?

ANSWER: Tenants are responsible for all damages that they, their guests or their pets cause, regardless of the amount of the deposit. Even if the property owner inspected the unit and returned most of your original deposit to you, you are still responsible for any damages that you or your cat may have caused. The amount of your deposit does not create a ceiling for charges; if you owe more money at the end of the tenancy than your deposit, the property owner may bill you for the full amount of any loss for which you were responsible. Your landlord should prorate the cost for replacing the carpet according to its age, and should not bill you for any normal wear and tear.

Although it may be hard for your ex-landlord to prove that it was your cat who created the problem, if you lived in that unit and had a cat and the new tenant who moved in has no pets, chances are that the smell and the urine damages were caused by your cat. If so, the damages are your responsibility--even if they were not detected until two months after the end of your tenancy.

If you refuse to pay, your former landlord may either ask a collection agency to recover the money (which will be reflected on your credit record) or he may file a legal action in Small Claims Court, where a judge would consider the evidence and decide who is responsible for the costs. Again, should the judge decide against you, the ruling would be included in your credit record.

If maintaining good credit history is important to you, you may avoid a judgment by paying the amount requested by the owner, and then filing in Small Claims Court against him. If you lose as a defendant, the judgment will be recorded in your credit report; however if you lose as a plaintiff; there will be no record of it.

Can’t Evict Because of a Day-Care Business

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 center, he informed me that I was in violation of the rental agreement by using the home as a business and that 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 home.

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 operation, 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.

Manager May Need to Explain His Actions

Q: I recently applied for an apartment and the manager turned me down without giving me a reason. This doesn’t seem fair. Doesn’t the manager have to give me a reason if he doesn’t want to rent to me?

A: If the manager denied your application based on your credit report, he needs to tell you that you have the right to obtain a copy of that report free of charge from the credit agency used by the manager, as long as you request it within 60 days. Otherwise, the manager is not obligated to give you a reason.

If you had financial problems in the past--problems that most likely would show up on a credit report--be ready to show that those problems were in the past and explain why you would now be a reliable tenant. Bring pay stubs and an employment history. You might also offer to pay more than the requested deposit. Owners can receive up to twice the monthly rent for security deposit for an unfurnished unit and three times for a furnished unit, although they do not typically request such a large deposit. You may offer to pay a larger deposit, up to the legal limit, as a safeguard for the landlord--such an offer may work to your advantage.

If erroneous information was contained in your credit report, you should write to the credit agency and provide them with proof of the error, asking them to send a corrected report to anyone who had requested your file over the past six months. You may also add to your report a statement of 100 words or less that explains extenuating circumstances that may have led to any negative entry.

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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 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:

Westside Los Angeles, (310) 477-9260.

San Fernando Valley, (818) 373-1185.

Pasadena, call (818) 791-0211.

El Monte, call (818) 579-6868.

Orange County, (714) 569-0828.

San Bernardino County, (909) 884-8056.

San Diego County, (619) 699-5888.