Landlord seeks a smoke-free, firearms-free rental complex
Question: I am in the process of buying a four-unit apartment building, and I am wondering if it is legal to prohibit smoking and firearms in the building. While I am fairly confident that I can bar smoking by any new tenants, I am unsure about prohibiting firearms.
Answer: You are right about your ability to prohibit smoking by new tenants in the apartment building. Smoke-free apartment buildings are legal; however, you cannot force the existing tenants to quit smoking. The ban on smoking would apply only to future tenants.
Although the 2nd Amendment to the U.S. Constitution does grant citizens the right to own and bear arms, it does not guarantee them the right to do so in your apartment building.
Banning firearms in the building is legal, although it may be a little harder to enforce. Although tenants often smoke in their apartments, they rarely shoot guns in them, so knowing whether tenants have them is more difficult than knowing if they are smoking.
For more information about smoke-free apartments, contact the Smokefree Apartment House Registry, 10722 White Oak Drive, Granada Hills, CA 91344; (818) 363-4220.
Breaking lease puts deposit at risk
Question: I leased a house in Burbank for one year. I was house-hunting when the lease expired and wanted to continue renting on a month-to-month basis, but the owner required me to sign a new one-year lease in order to be able to stay in the house.
The day after I signed the lease I found a house and was in escrow two days later. Now the landlord will not return my security deposit because he said it took too long to find a new tenant and he needed to use my deposit to pay for the costs of advertising in order to find a new tenant.
Can I get my deposit back?
Answer: You may be able to get some of it back, but I don’t have enough information to tell how much that may be.
The owner can deduct money from the security deposit for three things. They are: unpaid rent, property damages and cleaning.
Charges to re-advertise the apartment for rent and to pay someone to show it are included under the owners’ damages. You also are liable for the rent for up to the full term of the lease or until the owner re-rents the apartment, unless the owner lists the unit for rent at a higher rate than you paid.
The fact that you found your dream house the day after signing the lease is unfortunate but not relevant to your situation. Tenants should never sign long-term leases unless they are reasonably sure they will be staying in the apartment for the full term of the agreement.
Squeezed out of parking space
Question: I live in a Los Angeles apartment at which the parking lot can accommodate only compact cars. We are on month-to-month agreements. The tenant who parks next to me recently bought a long-bed truck, and now I am unable to park in my space. The tenant says it’s my problem. The owner says he is willing to give the tenant a three-day notice to comply or vacate. What if the tenant still won’t comply?
Answer: Assuming that the rental agreement specifies that the parking lot be used only by compact car owners, the owner can give the tenant a notice to comply with the agreement. If the tenant does not comply with the notice or move out of the building, the owner may proceed with an eviction of the tenant.
As an alternative, the owner can revoke the tenant’s parking privileges, although if the apartment is under rent control, he may have to reduce his rent at the same time because of the reduction in services.
E-mail questions about apartment living to AptlifeAAGLA@aol.com, c/o Kevin Postema, or mail to AAGLA, c/o Kevin Postema, 621 S. Westmoreland Ave., Los Angeles, CA 90005.
