Without City Control and With Warning, Pet Fee Is Legal

Question: My landlord just started charging me a “pet fee” in addition to my monthly rent. When I moved in three years ago, I paid a pet deposit, but nothing was said, or written, about an additional pet fee. Is this fee allowed?

Answer: If you live in a rent-control city, this monthly fee may not be allowed. Contact your local rent-control program for assistance.

If you are not in a rent-control city and because the additional charge is labeled “fee,” it is allowed. However, because it was not part of your original rental agreement, it cannot be collected until you have been given a 30-day notice of change of terms of tenancy detailing the extra amount. Once 30 days have expired, the landlord can begin collecting the fee.

Essentially, this is a rent increase that is not called a rent increase. Because you have already paid a pet deposit and if you have a good relationship with your landlord, perhaps you can talk to him or her about dropping the extra amount.

If the extra amount is labeled “deposit,” there are limits on the

amount of deposit your landlord can collect either at the beginning or during a tenancy. California Civil Code 1950.5 allows for a maximum of twice the monthly rent if a unit is unfurnished, or three times the monthly rent if furnished. This maximum amount includes any pet deposit paid.

Additionally, disabled tenants with either a physical or mental disability can request a reasonable accommodation under federal and state fair-housing laws, which entitles the tenant to keep a service animal or support animal even if the landlord has a “no pets” policy.

The landlord can require documentation from the tenant’s treating physician stating that the individual has a disability and that the service animal or support animal aids in his or her treatment. These tenants cannot be charged a pet fee or pet deposit and must be treated the same as tenants without pets. However, the tenant is responsible for any damage caused by the animal, and that amount could be deducted from the tenant’s deposit.

Contact your local landlord-tenant or fair-housing agency for more information.

Outgoing Tenant Balks at Admitting Prospects

Q: My tenant is moving in two months, and I want to get a new tenant approved as soon as possible. The present tenant will not let me start showing the property to prospective applicants until near the end of his tenancy.

My rental agreement says I can show the property to “prospective tenants and/or buyers” at any time, and I want to enforce this clause. What can I do?

A: Whenever you need to enter a tenant’s unit, it is wise to err on the side of caution, unless, of course, it is an emergency. You do not want to end up winning the battle but losing the war by having an unpleasant encounter with your current tenant while prospective tenants are present. It is best to set up a mutually agreeable schedule that accommodates both you and your tenant.

Because your tenant still has two months before vacating, there seems to be sufficient time to work out a compromise. The showing of property generally occurs toward the end of a tenancy, not weeks or months before.

California Civil Code 1954 does allow your entry (a) if there is an emergency, (b) when a tenant gives permission, (c) if repairs are required or (d) to show the property. The code states that entry must be preceded by “reasonable” notice (24 hours is presumed reasonable) and be during “normal business hours,” which are customarily 9 a.m. to 5 p.m., Mondays through Fridays.

The right to enter by a landlord cannot be expanded, even if in writing and signed by the tenant. Therefore, that clause in your rental agreement that states you can show the property at any time is unenforceable. However, you can still enter as outlined above, and there is nothing to stop you and your tenant from reaching an agreement to allow entry at other times or with shorter notice. Just

keep in mind that such an agreement would be subject to your tenant’s cancellation at any time. If you have questions, contact your local housing program for assistance.

Contract Is Wise, Not Required, for Rentals

Q: I need additional income and want to rent out a room in my home. The extra room has a separate entry and bath, so the boarder and I will have little or no contact. Am I required to have a written rental agreement since our lives will be almost separate?

A: No, there is no legal requirement for you to have a written rental agreement, but there are many practical reasons why one is recommended. There is more to being a landlord than just having a separate bath and entrance.

A rental agreement defines the responsibilities of each party, as well as documenting the terms and conditions of the tenancy. A clearly written agreement should cover items such as the amount of rent to be paid, when it is due, what happens if the rent is not paid on time or the rent check does not clear the bank, how much deposit is paid, whether or not pets are allowed and so on.

Before putting a “For Rent” sign out, contact your local housing program for assistance or consult “The Landlord’s Law Book, Rights and Responsibilities,” by David Brown, published by Nolo Press, (800) 992-6656. This $34.95 book is also available at your local library or bookstore and is an excellent source of information.

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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.

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

Westside Los Angeles: (310) 474-1667.

Orange County: (714) 569-0828.

San Bernardino County: (909) 884-8056.

San Diego County: (619) 699-5888.

Ventura County: (805) 385-7288