Can’t Hang Dirty Drapes on Tenant
Question: I have rented a home for the last nine years. When I moved in, the drapes were very dirty and stained.
I asked that they be cleaned and, if the management was not going to clean them, I said I would store the dirty drapes, hang my own window coverings and rehang the dirty drapes when I vacated. The management never responded, so I have used my own window coverings since I moved in.
During my tenancy, every unit that has been vacated has had its drapes replaced with blinds, so I am sure they are going to replace my drapes with blinds. Can they charge me for dirty drapes?
Attorney Ted Smith replies:
It sounds like the landlord is trying to modernize the building by replacing the old drapes with blinds.
In my view, the landlord has the right to charge a minimum amount for the drapes, but it would be a small amount. The useful life of the drapes ended years ago. Suffice it to say that you need to leave the apartment in good condition and repair.
I would advise this landlord against getting into a dispute with you over the charge for the dirty drapes.
Attorney Steven R. Kellman replies:
Because the drapes were dirty when you moved in, you should not be responsible for cleaning them when you move out.
The failure to respond to your request for cleaning was simply an opportunity to get the benefit of the offer you felt forced to make to buy and hang your own drapes. That offer to supply your own drapes clearly went above and beyond the call of tenant duty.
The landlord should have cleaned them for you rather than taking advantage of your generous offer.
Upon moving out, you should rehang the original drapes and write a letter confirming that they are in the identical condition upon moving out as they were when you moved in. Your landlord should thank you, rather than charge you, for saving them the cost of cleaning the original drapes.
Separate Agreements Limit Landlord’s Powers
Q: About a year ago, a buddy and I rented a house together. The landlord wanted us to have separate rental agreements. He said that he didn’t want one roommate to be responsible for another’s rent should he move out.
Now my roommate moved out about a month ago, and the landlord is verbally demanding I pay the full rent. I paid only my share at the beginning of the month, and have now received a notice to pay or quit.
We have a month-to-month rental agreement, and it states the amount of my rent only. Can he legally evict me for not paying the full rent?
Smith replies:
This landlord is going about things the wrong way. There’s a simple rule to follow: one rental contract per apartment. Everyone signs one lease. Do not split it up.
By doing it this way--separate agreements for each roommate--the landlord is limiting his rights.
If this goes to court, the judge will say that the landlord can only collect the rent stated on the individual roommate’s agreement, not the other half.
By having everyone sign one lease, all are jointly responsible. All can be collected from and everyone is potentially responsible for 100% of the rent.
For now, to clear things up, this lease should be terminated with proper notice. If the landlord agrees, the tenants can stay, but they will both have to sign one new lease, which will be the one and only agreement for the rental.
Kellman replies :
The landlord can’t have it both ways.
On the one hand, he wants the power to treat each tenant separately but at the same time he wants the power to treat the two of you as if you were a partnership.
With separate agreements, the landlord can begin and end tenancies for one tenant without affecting the other. Deposits can be handled separately and each tenant remains responsible for their separate rent. No need to get in the middle of roommate disagreements.
With a joint agreement, the landlord may hold each tenant responsible for the entire month’s rent. The deposit remains until all the tenants of the lease have moved out.
In a joint lease, it is very difficult to terminate the tenancy of a problem tenant without forcing the “good” tenant to move as well.
With a separate lease agreement, as you have with this landlord, you should only be responsible for your individual agreed upon rent.
An eviction case based on the nonpayment of rent, which you do not even owe, is improper and would fail.
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This column is written by property manager Robert Griswold, host of “Real Estate Today!” (KSDO-AM [1130], 10 a.m. to noon Saturdays), and attorneys Steven R. Kellman, director of the Tenants’ Legal Center, and Ted Smith, principal in a law firm representing landlords.
If you have a question, send it to Rental Roundtable, Real Estate section, L.A. Times, 202 W. 1st St., Los Angeles, CA 90012. Or you may e-mail them at rgriswold.latimes@retodayradio.com. Questions should be brief and to the point and cannot be answered individually.
