Tenant Can’t Count Dishwasher as Rent
QUESTION: After being warned several times in writing not to purchase or repair items in her apartment, my tenant purchased a dishwasher without giving me an opportunity to have the existing one repaired. As a matter of fact, I didn’t even know the new one was installed until my repairman told me.
The problem now is that my tenant has deducted the cost of this dishwasher from her rent check and marked the check “Rent Paid in Full.” I haven’t cashed the rent check because I’m concerned I won’t be able to collect the balance due. I like this tenant, but I don’t think I should pay for the new dishwasher since she didn’t give me enough time to fix the old one. What can I do?
ANSWER: First, there is no reason for you not to cash the rent check, even if it is not for the full amount. By doing so, you are not giving up your right to collect the full rent due, but cross out the wording “Rent Paid in Full.”
Unless you’ve previously agreed to accept a payment as “Paid in Full,” the notation your tenant has added is not valid. Your next step is to decide if you want to continue her tenancy. You always have the option of compromise. This could include offering to pay half (or some other portion) of the cost of the new dishwasher with the understanding that the dishwasher stays when the tenant moves. If your tenant agrees, be sure to put this agreement in writing.
If she doesn’t agree, perhaps your tenant would prefer to pay the full cost and take the dishwasher when she moves. In this case, be sure to include an agreement from her to return the old dishwasher at move-out time.
However, if you do not intend to pay for the new appliance, you can serve the tenant with a three-day “Notice to Pay Rent or Quit” for the amount of unpaid rent. If she doesn’t pay the balance due, you may proceed with the legal action. Contact your local housing mediation program for additional assistance.
For the future, be sure your rental agreements contain a clause that clearly states that modifications to premises or existing appliances are not allowed unless prior permission has been obtained in writing. Your tenants should understand at move-in time that this type of action will violate their rental agreement and that they could face possible termination of their tenancy.
Who’s to Pay for Repair of Appliances?
Q: I provide a washer and dryer in my apartments, and my rental agreements contain a clause stating that tenants are responsible for paying all necessary repairs. If either of these appliances stops working, the tenant has the option of paying for the repair or not. A prospective tenant disagrees with this clause. She says as long as I provide the washer and dryer, I’m responsible for the repair and maintenance. I don’t agree. What do you think?
A: Appliances, such as a washer and dryer, are generally classified as amenities and don’t have to be maintained by a property owner. However, if the washer and dryer are listed in any advertisements or have been used as a promotional feature of the apartment, a property owner becomes responsible for their maintenance.
If you didn’t promote the appliances, then the designation of who is responsible to repair or maintain appliances can be defined in a rental agreement. This responsibility is no different from establishing who mows the lawn, or on what date the rent is due.
However, if your prospective tenant disagrees with your repair policy, perhaps your current tenants do also. Requiring your tenants to pay for repairs may also create future problems for all of you.
For example, what if the dryer breaks down and the tenant decides not to repair it? Since the dryer was operational at one time, will you deduct repair costs from the security deposit when the tenancy ends? What about normal wear and tear? Even with good care, appliances do break down or wear out.
Unless the tenant has created the need for repair by mistreating the appliance, you might consider sharing repair costs with your tenants, listing a maximum dollar amount you will pay. If you agree to this new repair arrangement, you can modify your rental agreements by issuing a written “30-Day Notice of Change of Terms” to your month-to-month tenants.
Living With a Child Can’t Stop Eviction
Q: I have a young child and am having difficulty paying the rent. The property owner handed me a note that says I must pay within three days or move. She said if I don’t pay or move, she will start a legal action for eviction. I know that no court will evict me because I have a young child, but the property owner says this is not true. Do I have to be concerned about being evicted even though I have a child who lives with me?
A: Yes, you should be concerned and should do everything you can to bring your rent current. When an eviction is based solely on nonpayment of rent, California Civil Code allows for a tenant, and all household members regardless of age, to be evicted.
Although property owners are obligated by law not to discriminate against children through strict rental practices or restrictive occupancy level policies, evictions can occur whenever a violation to a rental agreement is not corrected. Nonpayment of rent is generally considered a violation of the rental agreement.
If you cannot pay your rent, you should contact your local landlord / tenant program as soon as possible for assistance in working out a payment plan; you may also call your local Community Services program, or other charitable organization to request financial assistance.
Landlord Is Entitled to Pertinent History
Q: I plan to move soon, and have given a holding deposit for my new apartment. Because it was convenient, my new landlady and I met at my current apartment to sign the final papers.
During this meeting, she asked me for extensive personal financial information. She wanted to know the balance due on all my credit cards, the highest balance for each card, and the amounts and purpose of all loans I’ve ever had, even if they were paid off or closed.
She even wanted to know what furniture I’d be moving into the new apartment. I don’t think she’s entitled to all this information. What do you think?
A: Landlords are entitled to certain financial information to determine whether an applicant is capable of paying rent. This information can be employment data, such as length of employment and current salary, as well as bank account numbers and credit history. Additionally, landlords are entitled to inquire about questionable entries contained in a credit report.
Requesting or requiring information beyond an applicant’s prior tenancies, current income and repayment history could be considered intrusive. Your credit report will show high and low balances for credit-card and loan accounts along with your repayment history.
Along with employment history and references, your credit report should be sufficient to determine if you meet the owner’s financial criteria.
Inquiring about your furniture and personal belongings also seems intrusive unless you have, or plan on having a waterbed. Whenever a waterbed is involved, Civil Code 1940.5 allows a landlord to collect a deposit equal to half a month of rent, in addition to the usual security deposit, as well as to request specific installation and inspection requirements.
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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, 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, call (310) 477-9260.
San Fernando Valley, call (818) 373-1185.
Pasadena, call (818) 791-0211.
El Monte, call (818) 579-6868.
Orange County, call (714) 569-0828.
San Bernardino County, call (909) 884-8056.
San Diego County, call (619) 699-5888.
Ventura County, call the Fair Housing Institute, (805) 385-7288.
