Law bars sexual harassment, even at home

Question: I am a single female who moved into my own apartment two months ago. Recently I called the manager about a leaky faucet in the kitchen. He said it would get fixed if I made him dinner. When I refused his request for dinner, he fixed the faucet. Since I am not interested in having a personal relationship with this man, what can I do if this happens again?

Answer: The manager’s conduct could be considered sexual harassment if repairs are dependent upon you performing a personal favor, such as fixing him dinner. This is called “quid pro quo” harassment because he is giving you something, a repair, in exchange for something else, dinner.

Just as sexual harassment is illegal in the workplace, so it is in your home. Federal and state fair housing laws make it illegal to sexually harass anyone in their residence, whether the harassment is by a manager, maintenance person, owner or a neighbor. Contact your fair housing agency for information about pursuing a complaint if this occurs again.

Is it OK to say ‘please forward’?

Question: The owner of the apartment complex I manage insists that departing tenants leave a forwarding address or their security deposit will not be refunded. Some tenants do not want to reveal this information, and they request that their deposit refund be sent to their current address to be forwarded by the post office. Do tenants have to give a forwarding address?

Answer: There is no legal requirement for departing tenants to provide a forwarding address when they move. If a new address is not provided, a soon-to-be-former tenant generally submits a “forward mail” request to the local post office.

Regardless, California Civil Code 1950.5 requires a property owner to account for and settle a tenant’s security deposit within 21 days after a tenant moves.

If the tenant is unwilling to provide a forwarding address, the property owner can rely on the last known address, even if that address is for the rental property being vacated. The landlord may want to write “please forward” on the envelope.

Deposit kept over ‘6-month’ clause

Question: My month-to-month lease agreement says that if I move before six months, I won’t get back my security deposit. Because of a family emergency, I had to move early. Is my landlord entitled to keep my deposit even though I gave him a 30-day notice to move?

Answer: No. The “stay for six months” clause in your month-to-month agreement is not enforceable. The length of time required to end month-to-month tenancies is determined by the time between rent payments.

If you pay the rent every 30 days, for example, you can end the tenancy with a 30-day notice. The notice should be in writing and handed to the landlord.

As long as you give a proper 30-day notice to move and pay the full rent for that 30 days, the landlord must account for your security deposit, according to Civil Code 1950.5, within at least 21 days from the day you moved. The landlord is entitled to deduct cleaning fees, damages and any past-due rent from the deposit.

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, the Southern California Housing Rights Center at (800) 477-5977 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:

San Fernando Valley: (818) 373-1185

South-Central Los Angeles: (213) 295-3302

Westside Los Angeles: (310) 474-1667

Orange County: (714) 569-0828

Ventura County: (805) 385-7288