Owner Is Allowed to Exclude Pets by Breed

By From Project Sentinel

Dec. 2, 2001 12 AM PT

Question: I manage a small apartment complex that allows pets, but the owner recently asked me not to rent to tenants who own pit bull breeds or large dogs such as German shepherds. Is it OK for me to follow through with the owner’s request?

Answer: Yes, as a general rule, you can implement the owner’s request to restrict new tenants from keeping certain types of dogs on the property. However, you cannot refuse a dog that is designated as a service animal--even if it is the type the owner doesn’t want. Fair housing laws require property owners and managers to permit a service animal as a type of reasonable accommodation for a disabled tenant.

Not every dog is a service dog. Service dogs are either trained to perform specific skills or tasks to assist people with disabilities, or are recommended medically for companionship or emotional support. If a prospective tenant claims his or her dog is one of these types, you can ask for verification from the tenant’s health care provider that the animal is required to assist with a disability.

You should have a consistent policy in allowing or disallowing dogs that are not service animals. For more information, contact your local fair-housing program.

Incoming Tenant Should Not Perform Inspection

Q: When I recently applied for a rental house, the property owner said I would be responsible for doing the move-out inspection of the current tenants. She said that their refund deposit would depend on my inspection and that when I move out, I would be responsible for any damage or repairs not reported now.

I don’t mind doing my own move-in inspection, but I feel uncomfortable doing the inspection for the departing tenants.

Do you think this request is reasonable?

A: This request does not seem reasonable and is full of potential problems. Here are a few reasons why you may not want to undertake this responsibility.

First, you have no knowledge of the condition of the house when the departing tenants took possession, so it would be difficult for you to define the condition and set the deposit refund.

Second, the departing tenants could refuse to allow a stranger to enter their home to perform the move-out inspection. They would be within their rights to refuse you access. If this is the property owner’s practice and you decide to move in, remember that someone you don’t know may ask to come into your home to do the same when you move.

Third, who would the former tenant dispute the deductions with--you or the property owner?

Last, but not least, the question you need to ask yourself is what will happen if you miss something during your inspection? Would the property owner allow you to submit your own independent list of damage and/or needed repairs after you move into the property?

Property owners are responsible for settling deposits with departing tenants, not incoming ones. Contact your local mediation program for help in resolving this matter.

Dispute Involves Liability for Broken Window

Q: When the landlord painted the interior of my apartment last winter, he painted all the windows shut. Yesterday when I tried to open the living room window, the glass broke. The window has been repaired, but the landlord said I have to pay the bill. Am I responsible for repairing the broken window?

A: California Civil Code requires that property owners maintain rentals in a condition “fit for living.” Besides requiring that roofs, walls, plumbing, hot and cold water, sewers, heaters, lights, floors, stairways and a sufficient number of trash containers be provided and maintained in good condition by the owner, this code requires that doors and windows be operable and unbroken.

Unless you were reckless or careless in attempting to open the window, it would seem unreasonable for the landlord to require you to pay for the repair. Additionally, painting a window shut could be a violation of local fire code. Contact your local housing mediation program or your local code enforcement office for more information.

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.