Credit report won’t reflect 3-day notice
Question: Several months ago I couldn’t pay my rent for one month because I was unemployed. I received a three-day notice to pay rent or quit, which I paid right away. I’m working full time now and expect not to have the problem again, but I do have a question about the three-day notice I received. An attorney, not the landlord or the resident manager, signed it. Was this a valid notice, and will it go on my credit report?
Answer: If the notice stated the attorney was acting for the property owner, it was probably valid. If it did not contain a statement that the attorney was acting for the property owner, the notice may be questionable.
Several years ago there was a case in New York that concluded that a three-day notice to pay rent or quit signed by an attorney became a bill and that the attorney was acting as a debt collector. As such, the attorney was required to comply with the federal Fair Debt Collection Practices Act.
In general, other than official court papers, it is not necessary for most landlord-tenant notices to be completed by an attorney. The three-day notice will not appear on your credit report.
If you didn’t pay the sum demanded in the notice and your landlord filed an eviction lawsuit against you in Superior Court, that could be reported on your credit report.
Homeowner’s ad can’t show bias
Question: I’m a senior homeowner who needs extra income. I want to rent out a room in my home but I don’t want a young person or a male. Can my advertisement say that I only want a single older female?
Answer: No. The Federal Fair Housing Act does generally exempt owner-occupied, single units from its laws prohibiting discrimination, for example, where the owner is renting out one room in his or her house. However, the exemption does not extend to advertising for such units.
The federal Fair Housing Amendments Act of 1988 makes it illegal to “make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference,” including that of gender or age.
Because of the owner-occupied exemption, you can be discriminatory in seeking out a tenant among friends or acquaintances, but once you open up the availability of the unit to the general public by advertising, you are held to the restrictions imposed by federal fair housing laws.
Once the unit is advertised as available, you must accept all applications from prospective tenants, regardless of race, gender, religion, sex, age, familial status or disability. From this pool of applicants you may select the one that will best suit your needs, but to deny someone the chance to apply for the unit may open you up to investigation by a fair housing agency.
If you have further questions, you may want to contact your local fair housing agency.
Tenant needs his own insurance
Question: I own a duplex. I live in one side and rent out the other. The current tenant recently asked me about the insurance I carry on the property. He says that because we both live in the same building, my property insurance will cover any losses he may experience if there is a fire or earthquake. I don’t think this is true and feel he needs to carry his own renter’s insurance to cover any damages that may occur to his personal belongings. What do you think?
Answer: Unless a tenant can prove negligence on the part of a landlord, it would be quite unusual for a landlord’s homeowner’s insurance to cover a tenant’s personal belongings. This is true whether a tenant’s unit is attached or separate from the landlord’s.
This column is prepared by Project Sentinel, a rental housing mediation service. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually. For questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.
