Try Mediation Before Eviction

By PROJECT SENTINEL

Oct. 17, 1999 12 AM PT

SPECIAL TO THE TIMES

Question: I’m having difficulty with a new tenant. The rental agreement states that he will pay a $600 security deposit in six monthly installments of $100.

Last month he paid rent but nothing toward the deposit. When I questioned him, he said he had no intention of paying the balance of the deposit.

When renting to him, I agreed to monthly payments so be could afford to move in. I feel as if he doesn’t appreciate what I did for him. Should I serve him a three-day notice to pay or quit? What are my options?

Answer: The three-day notice to pay rent or quit is not appropriate because deposits and deposit installments are not considered rent.

Because your tenant has broken a provision in the rental agreement (i.e., he has not paid the requisite deposit), however, you have the option of giving him a three-day notice to perform covenant or quit.

By using this notice, you are demanding that your tenant live up to the rental agreement or give up possession of the unit. If the tenant does not comply with this notice, you may then consider pursuing an eviction through the court.

Another option you have is to give a 30-day termination of tenancy notice, which would give him more time to move and might thereby avoid court.

Before this situation escalates to this level, you and your tenant might consider seeking assistance from your local mediation program, in which a trained mediator can help the two of you resolve your differences. If your tenant hears your point of view through a neutral party, it might help him understand what is at stake.

It’s not easy dealing with an uncooperative person, especially when you feel that you have gone out of your way to be helpful. But don’t give up on this relationship yet. It is often easier to learn to communicate effectively with someone than to fight him or her in 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, 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, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (888) 777-4087

Carson: (888) 777-4087

El Monte: (626) 579-6868

Hawthorne: (888) 777-4087

Lancaster: (888) 777-4087

Long Beach: (562) 901-0808

Pasadena: (626) 791-0211

Redondo Beach: (888) 777-4087

San Fernando Valley: (818) 373-1185

South-Central Los Angeles: (213) 295-3302.

Westside Los Angeles: (310) 474-1667

Orange County: (714) 569-0828