Owner Ignores Unsafe Stairs and Leaves Himself Open to a Lawsuit
QUESTION: For the last two months, I have been complaining to my landlord about the unsafe condition of the stairs to my second-floor apartment. His response has always been that they were fine, despite the obvious signs of dry-rot and decay. Well, last week a friend fell through a step on his way to my apartment and severely injured his foot. When I discussed this with the landlord, he said it was not his problem and referred me to a clause in my rental agreement that states that even if the owner fails to maintain his property, he is not liable under any circumstance for my guest’s injury. Is this provision valid?
ANSWER: No. A property owner is responsible for maintaining his or her property in a condition that will not endanger tenants or their guests. The owner cannot escape liability for negligence by attempting to limit it in advance in a rental agreement.
Your guest should not be deterred by the clause in your rental agreement from seeking compensation for his injuries. The clause is neither legal nor enforceable. Your friend might consider contacting an attorney for further information and assistance.
Landlord Concerned Tenant Too Demanding
Q: After signing his month-to-month rental agreement, my new tenant gave me a list of repairs and cosmetic upgrades he wanted done before his move-in date. The repairs are minor, and I don’t mind having them done, but I don’t want to do the upgrades. He wants the kitchen floor replaced and the bathroom tile changed to a new color.
These upgrades are not necessary and, frankly, I’m concerned his tenancy is going to become a “wish list” problem for me. Since he hasn’t moved in yet, can I return his deposit money and cancel the agreement?
A: Even though he has not moved into the property, the two of you have signed a rental agreement and, therefore, he is your tenant and is entitled to a 30-day Notice of Termination of Tenancy to end the tenancy. However, your tenant may be willing to waive the 30-day advance notice requirement if you offer to refund his deposit.
In the future, before signing a rental agreement and delivering keys, you and your prospective tenants should discuss and document in writing all needed repairs and upgrades you are willing to do. This list should include all repairs, even those for which you are not responsible.
Under California Civil Code 1941.1, an owner is required to provide a dwelling in “habitable condition”--these are basics such as electrical, plumbing and heating systems that work, weather protection, etc.
Even though the two of you have started off on the wrong foot, you may want to reconsider your initial feelings about ending his tenancy.
If everything else about this tenant, such as past payment history, ability to pay rent, references, etc., is satisfactory, perhaps the tenancy could be successful for both of you. If you want to continue the tenancy and smooth out the relationship, you may consider requesting help from your local housing mediation program.
Deposit Can’t Be Held Back as Punishment
Q: I signed a six-month lease on an apartment and shortly thereafter was transferred out of the area. I notified the management that I would be leaving and paid rent for that entire month, although I moved out and turned in the keys by mid-month. A former neighbor told me that a new tenant moved in three days after my departure.
When I received the security deposit statement, I discovered that the management had retained the entire $500 deposit. When I called to complain, management representatives said that was their policy when a lease was broken and referred me to my rental agreement, which states that the deposit will be retained in full if the tenant breaks the lease. This seems unreasonable to me. Could you comment?
A: The deposit can be used only for real damages, such as lost rent. In your case, the landlord was entitled to charge you for rent until the new tenant moved in and maybe for advertising costs. In fact, your landlord should also return any unused prepaid rent to you. If your request is denied, you may request help from your local mediation program, or you can file in Small Claims Court to recover your deposit.
Under Civil Code 1950.5, within 21 days of the tenant’s moving out, the owner must mail or personally deliver “an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant.” If the landlord demonstrates bad faith in his or her dealings with the tenant’s deposit, the tenant may be granted up to $600 in damages, in addition to any return of deposit.
California Civil Code Section 1950.5 lists all of the reasons that a landlord can retain a tenant’s security deposit. (A default in payment of rent, damage to the premises above and beyond “ordinary wear and tear,” cleaning of the premises at termination and replacement of property covered in the rental agreement.) Security deposits cannot be retained to penalize a tenant for breaking a lease.
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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, call (310) 477-9260.
San Fernando Valley, call (818) 373-1185.
Pasadena, call (626) 791-0211.
El Monte, call (626) 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.
