The hunt is on for owner’s number

Question: I live in a large apartment complex. For the most part, the managers have been responsive to repair issues, but there have been times when they were unavailable for extended periods. I’m concerned there will be a time when an emergency arises, and they will not be available. I asked for the property owner’s name and emergency contact number, but the managers refused. How do I get this information?

Answer: Most owner information is available, by street address, from county tax assessor records. For large apartment complexes, you may have to do a little detective work. Your physical address may not be the property address listed in the county records. The listed address may be the main office or that of the management company.

Civil Code A71962 requires that a tenant, regardless of having a written or verbal agreement, be provided the name, telephone number and usual street address where personal service may be completed; to whom rent payment can be made; and the form (cash, money order, etc.) in which rent payments are to be made.

This information must be listed in each rental agreement or posted in at least two easy-to-see places, including elevators. If contact information is not provided, then the person who rented out the unit automatically becomes the agent for receiving notices, demands and lawsuits.

If you don’t have a copy of the rental agreement, you can request one and the property owner or the owner’s agent must provide one within 15 days. You may want to share with the management your concerns about contact information if an emergency arises.

If management still fails to establish emergency procedures, you can document your concerns in writing and ask that a copy be put in your tenancy file.

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Placing limit on households illegal

Question: I am having a difficult time finding housing for my family. My wife and I have three children and have been looking for a three-bedroom apartment. In one instance, the manager told us she would not rent to a household of more than four people. She said we would be cramped and there would be too much damage to the apartment. What are large families supposed to do?

Answer: This may be considered discrimination based on “familial status.” Fair housing laws prohibit any difference in terms and conditions due to the presence of children.

The laws also prohibit any policies or practices that adversely affect families with children. Limiting the occupancy of a three-bedroom to four people is overly restrictive, has an adverse effect on families with children and is a violation of federal and state laws.

Fair housing agencies have investigated and litigated such complaints with settlements ranging from a few thousand dollars to more than $100,000. If you have any questions concerning occupancy standards, contact your local fair housing agency.

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Detached cottage follows rental laws

Question: I have a tenant who rents a cottage in back of my house. The rental has building permits and has been approved by the city as a rental unit. The tenant has been consistently late in paying the rent, so I would like her to move. I understand there may be different rules if a tenant resides on private property. Does the rental cottage fall into the “private” category since it is on my property?

Answer: Your situation is subject to the same landlord/tenant laws as any other housing rental unit. There is no separate “private” category.

You may be thinking about the single lodger rule described in Civil Code A71946.5, which would not apply in your case. This rule applies when a property owner rents out a single room in his or her owner-occupied home and the tenant has a month-to-month tenancy. The rule does not apply for multiple-rented rooms or for tenants who are on a lease.

The single lodger rule allows for either party to give a 30-day notice of intent to move and if the tenant does not move as agreed, the local police agency may remove the tenant without a court eviction.

Because the cottage is separate from your private residence and because you do not have an unobstructed right of access to the cottage without formal notice, the single lodger rule does not apply. You will need to follow the customary rules to terminate this tenancy if the tenant does not move as required.

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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif.