Ask Before Adding Air Conditioner
QUESTION: I have recently acquired a disability involving a severe allergic reaction that requires me to live in an environment where the air is highly controlled.
The problem is that I reside in an apartment that is not air conditioned. I do not want to move from my apartment because the building is close to my work, the rent is affordable and I have good friends who live in the building.
The lease does not contain a provision prohibiting me from installing an air conditioner. Would it be legal for me to install an air-conditioning unit in my apartment to accommodate my disability? If so, what procedure must I go through to install the unit?
ANSWER: Federal and California State fair housing laws prohibit discrimination based on disability or handicap. Discrimination against people with disabilities includes a landlord’s refusal to allow a tenant to reasonably modify the living space to make it safe and comfortable.
To determine whether a severely allergic tenant’s installation of an air-conditioning unit in his or her apartment would be considered a reasonable modification, keep the following in mind:
The tenant with a disability must seek approval from the landlord before making the modification. At this stage, the landlord is entitled to ask for a reasonable description of the air-conditioning unit and may request proof that the unit will be installed in a workmanlike manner.
The law also allows the landlord to seek verification (such as a letter from a physician) that the air-conditioning unit is necessary for your use and enjoyment of the apartment. However, both federal and state law prohibits the landlord from asking what your disability is or requiring you to divulge your medical records.
A landlord may refuse the tenant’s modification if the change would infringe too heavily on the landlord’s legitimate business interests or concerns. A landlord could claim that a functioning air conditioner may cause excessive use of power that an apartment may not be able to handle, or that the noise from the air-conditioning would be annoying to other tenants.
It is also important for you to recognize that the financial burden of a reasonable modification is on the tenant. Consequently, you must pay for the air-conditioner and its installation. In addition, the landlord may require you to pay for restoring the unit to its previous condition when you move.
30-Day Notice: Check the Terms Q: Last month, my tenant gave me a 30-day notice to move. It is now past the 30 days and she has not moved. Each time I ask about her moving plans, she says there are few vacancies in the area where she wants to live, and therefore she has no current plans to move.
Fortunately, I was planning on doing repair work so the unit has not been rented. When I told her I will be filing in court for an eviction, she said that since she gave me the 30-day notice, I can’t file in court. Is she correct?
A: No. Since a 30-day notice to move is used to terminate a tenancy, legal action for eviction is possible regardless of which party, the landlord or the tenant, initiated the 30-day notice.
In your case, since the time period for her notice has passed, you can proceed with legal action, if you wish. However, if you have accepted rent past the 30-day expiration date, your tenant has a good argument that you have waived the 30-day notice. If you are on good terms with your tenant, and are willing to postpone the repair work, you may want to continue her tenancy for an agreed period. In that case, you should put the agreement in writing.
Moving In? Write Up Terms for Leaving Q: I just received my deposit refund, but the landlord has charged me for cleaning behind the refrigerator and under the stove. I know there was dust under these items, but I didn’t think it was my responsibility to move these heavy appliances. Do you think I should be charged for this cleaning?
A: In general, a tenant must return his or her rental unit in the same condition, exclusive of ordinary wear and tear, as they received it. Deductions, if any, from a deposit are covered in Civil Code 1950.5.
This code allows for deductions for unpaid rent, damage done by the tenants or their guests, and for any necessary cleaning. However, the code does not define the requirements for cleaning under stoves and refrigerators, which leaves the interpretation of this type of charge up to the landlord and tenant.
If you don’t know the condition of these areas when you moved in, perhaps your landlord can provide proof, such as cleaning receipts, that they were clean at the beginning of your tenancy.
To prevent future uncertainties and problems, be sure this type of information is listed on your move-in inspection sheet. Your concern about moving these heavy items is valid. We suggest you talk with your landlord in an attempt to have the charges reversed or reduced. If your landlord stands by the charges, you can attempt resolution through your local mediation program, or file in Small Claims Court.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, Calif. 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 or the Fair Housing Institute office in your area:
Bellflower: (888) 777-4087
Carson: (888) 777-4087
Hawthorne: (888) 777-4087
Lancaster: (888) 777-4087
Redondo Beach: (888) 777-4087
Westside Los Angeles: (310) 477-9260.
San Fernando Valley: (818) 373-1185.
Pasadena: (626) 791-0211.
El Monte: (626) 579-6868.
Orange County: (714) 569-0828.
San Bernardino County: (909) 884-8056.
San Diego County: (619) 699-5888.
Ventura County: (805) 385-7288
