Tenant Is Tangled Up in Telephone-Line Confusion

L.A. Times Archives

March 3, 2002 12 AM PT

From Project Sentinel

Question: There is a telephone line in my apartment that I can’t use because the previous tenant still has the line active with a small local telephone company. The telephone company I have chosen explained to the property owner how to remove the existing phone wire from the utility box so my line can be installed. My line can’t be hooked up until this is done, but the owner says I have a working line and he doesn’t want to be bothered.

Since the current telephone line and account belong to the previous tenant, I don’t have a working telephone. Can you help me?

Answer: California Civil Code 1941.4 states that a landlord is responsible for installing at least one usable telephone jack and maintaining the inside telephone wiring in good working order.

Even though it may be true that there is a working telephone jack in your unit, the question is: Is it available to you? It seems the answer is “no” since the telephone line is in another person’s name.

You could try to close this account, but chances are you would not be permitted, since it is not in your name. Even if you were to plug a telephone into this line, your calls would be billed to the previous tenant, which could be an additional problem for you.

The property owner needs to adhere to the civil code and fix this problem. Contact a local housing mediation program for assistance.

Must Landlord Install Lock That Tenant Wants?

Q: I own a single-family rental house. The new tenant wants me to install a deadbolt lock on the door between the garage and the kitchen for additional safety. I have already put deadbolts on all the entrance doors. Do I have to put a lock on this additional door?

A: According to California Civil Code 1941.3(1), landlords are required to provide deadbolt locks on main swinging entry doors (except for sliding doors).

In your case, the operative word is “entry.” If the garage is not enclosed, the door between the garage and the kitchen would be considered an “entry” door and would require a deadbolt.

If the garage is enclosed and has its own outside swinging entry door and deadbolt lock, there is no requirement for the garage/kitchen door to be equipped with a deadbolt. However, looking at the bigger picture of your tenant’s safety concerns and your general duty to act reasonably and with due care, you may want to install the additional deadbolt or give your tenant permission to install the lock.

Collecting Rent Doesn’t Require Real Estate Broker

Q: My sister and I own a small rental duplex. I take care of interviewing and selecting the tenants, and she is responsible for collecting the rent and all other management duties. The current tenants tell me that my sister must be a licensed real estate agent or broker to collect the rent. Is this true?

A: No. Real estate or broker licenses are not required for owners or co-owners to perform rental management duties, such as collecting the rent. This also applies to paid employees, such as resident managers.

Since your sister is a co-owner, she can continue to collect the rent and perform required management duties without having a license. Having said that, we suggest it is a good business practice to have a manager who is experienced in all aspects of landlord-tenant matters, efficient and knowledgeable of the law, and also a good communicator and administrator. A manager can either cause problems or prevent them for the property owner.

Many local schools and community colleges offer management classes. If your sister is not an experienced property manager, perhaps she would be willing to undertake some basic training in the field.

Contact your local fair housing agency or legal services office to see if they can provide training on landlord/tenant and fair housing laws. Additionally, since your tenants have brought up this question, maybe something has occurred between them and your sister that needs to be addressed.

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.