Manager Says Fixing Patio Door Is Low Priority
Question: The sliding glass patio door in my apartment came off the frame and now it won’t lock. I live on the second floor, and the door leads onto my balcony. The manager says that because I live on the second floor, fixing the door is not an emergency and it won’t be repaired right away. I don’t feel safe having the door unlocked. What can I do?
Answer: A property owner must take reasonable precautions or basic security measures to protect tenants. California Civil Code 1941.3 states that all entry doors in a rental property must have an “operable security or locking device,” also known as a lock. This code applies to all entry doors and operable windows, regardless of their location.
You need to discuss the matter further with the property owner and explain your safety and security concerns. Perhaps he or she would be willing to have you proceed with the repair and subtract the cost from the rent. In this case, be sure to put this agreement in writing and have it signed by both of you.
If the matter is not resolved to your satisfaction, you could contact the city housing inspector, who may be able to help get the door repaired quickly. If these efforts fail, contact your local housing mediation program for assistance.
If Lease Allows Dog, Owner Can’t Alter Terms
Q: Last month I moved into a house after signing a one-year lease. My dog is listed on the lease, but the property owner now says she wants 10 days to decide whether the dog can stay. I don’t want to move out if she decides I can’t have the dog. What can I do?
A: Well, there is good news. Once a lease is signed and the term begins, changes cannot be made during the lease term unless the ability to make changes is written into the lease.
A change in any of the lease terms requires the written consent of both parties. The only time a lease can be terminated without mutual consent is when there is a failure to correct a violation of a written condition in the lease, or of a house rule if any are incorporated in the lease.
This means the rent amount can’t be changed, the security deposit can’t be increased, and you can’t be asked to remove the dog during the lease period. If your lease prohibited pets, then you would be in violation of the lease, unless the pet is a service animal required because of a disability. For more information and assistance, contact your local housing mediation program.
30-Day Notice Isn’t the Same as an Eviction
Q: One of my new tenants asked if a 30-day notice to move would appear on her credit report. I know that a court eviction does, but I don’t know about a 30-day notice. Is a 30-day notice the same as an eviction?
A: A 30-Day Notice of Termination of Tenancy is a standard rental form used by tenants and landlords to end tenancies. These notices do not appear on credit reports and therefore do not affect a tenant’s credit.
An eviction occurs only when a tenant is not able or willing to move by the end of the 30-day notice period, and a legal action known as an unlawful detainer is filed in the local superior court. If the property owner prevails in court, the judgment will probably be recorded on the tenant’s credit report. This credit report entry could affect chances of being accepted for a future tenancy.
In some instances, even an unlawful detainer that has been dismissed can appear on an “eviction report” that can be ordered from certain housing and rental agencies.
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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, Calif. 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
