Safety a Key Concern for Tenant
Question: I am renting a room in an owner-occupied home, and the owner says I cannot change the lock on my bedroom door. There are other tenants living here, and I am concerned that there may be extra keys for the current lock. The owner will not give me a reason why he objects to the new lock, but I think my request is reasonable. What do you think?
Answer: Property owners should be diligent in ensuring the safety of their tenants, whether they reside in the owner’s home or in a separate rental unit. It is in the best interest of you and your landlord to prevent unauthorized entry or theft. A new lock is one way to prevent these unpleasant events, and in your case, it would add greatly to your peace of mind.
Most rental agreements require that an owner be given a key to the rental property, and that locks not be changed without an owner’s permission. Perhaps his concern is that he will not have access to the room if repairs are necessary or if there is an emergency.
You may want to let him know that you are willing to give him a key, and that you will either leave the new lock or reinstall the old lock when you move. With these stipulations, your request does not appear unreasonable. If a discussion of each of your concerns does not resolve this problem, you may wish to contact your local housing program for assistance.
Tenant Not Obligated to Replace Old Oven
Q: I cooked a goose for the holidays. As I was removing it from the electric oven, some of the hot cooking juices splattered on the oven door and the glass cracked. Now, my landlord wants to charge me for a new oven.
The oven is 25 years old, and the manufacturer no longer carries replacement parts. I think it is absurd to charge me for a new oven. What should I do?
A: Tenants are responsible for damages they cause, whether intentional or by accident. However, tenants cannot be charged for normal wear and tear. Splattering hot juices on the glass of an oven door is not at all unusual and would likely be regarded as normal use.
According to the 1999 Consumer Reports Buying Guide, electric ranges have a life expectancy of between 10 and 22 years, and an average of 16 years. An oven that has lasted 25 years has gone well beyond its normal life span, and the initial investment of the property owner has been fully recovered. Therefore, you should not be required to pay for a new oven, or even for replacement parts.
Try to explain to your landlord that the age of the oven does not justify any charges to you, and that a new oven would be an appreciated improvement and a good investment in his rental property. Another possibility would be for your landlord to find a door through a used-appliance-parts dealer; you might also offer to help locate one.
When disputes arise, they should be handled in a nonconfrontational way or they can take on a life of their own. If you and your landlord cannot resolve this matter, contact your local housing mediation program for assistance.
Courts Shun Clause on Tenants’ Injuries
Q: Recently, one of my tenants tripped on a broken sidewalk on my property and injured himself. Unfortunately, my maintenance people had neglected to repair the sidewalks for some months, and he was not the first person to trip on them. As a matter of fact, the same thing happened to his neighbor last year.
My rental agreement has a clause that says, in essence, that I am not responsible for my tenants’ injuries, regardless of who is at fault. My lawyer says that this type of clause is of no consequence in California and that a court will refuse to apply it. Is he right?
A: Yes, he is. This is an “‘exculpatory clause” and it will not be enforced by a court. California Civil Code Section 1953 specifically makes these clauses “. . . void as contrary to public policy.”
In fact, if a judge were to find too many of these unreasonable clauses in a rental agreement, he or she might even declare the entire agreement void or give the tenant every benefit of the doubt. Therefore, it is probably unwise for you as a property owner to include such clauses in a rental agreement, for they may come back to haunt you in future litigation. You should update your rental agreements as soon as possible, perhaps with the help of either a self-help law guide, such as those published by Nolo Press, or a knowledgeable real estate attorney.
Law Limits Landlord’s Access to Apartment
Q: I am ready to move into an apartment, but I am concerned about the rental agreement I was asked to sign. It contains a clause saying the owners have a right to enter my apartment to deliver notices. Can they come in for such a reason?
A: No. California Civil Code Section 1954 clearly limits the circumstances under which a property owner or designated agents may enter a rented unit, and to deliver a notice is not one of them.
Even if you signed the agreement, the owner cannot use the clause to enter your unit. To assure the privacy of tenants, the Legislature included another statute, Section 1955, which states that tenants cannot sign away their rights to privacy under Section 1954.
Before moving in, talk with the landlord about your concerns. Try to determine if you are dealing with an uninformed landlord who is willing to learn, or with a landlord who is purposefully trying to circumvent the law. The quality of your future tenancy may depend on this, and you should consider carefully whether you want to move into this unit.
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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, Fair Housing Institute or Fair Housing Foundation office in your area:
Bellflower: (562) 901-0808
Carson: (888) 777-4087
El Monte: (626) 579-6868
Hawthorne: (310) 474-1667
Lancaster: (888) 777-4087
Long Beach: (562) 901-0808
Pasadena: (626) 791-0211
Redondo Beach: (888) 777-4087
San Fernando Valley: (818) 373-1185
