Garage has the same inspection limits as an apartment

Question: I rent an apartment that has a detached, enclosed garage. The garage is listed in my rental agreement. There is a clause in the agreement permitting the landlord to conduct annual inspections. The resident manager says, because the garage is a separate building, she can inspect it at any time without notifying me in advance. I use the garage only for storage. Does she have to give me a notice to inspect the garage?

Answer: Since the garage was part of the property and included in your original rental agreement, your rights are the same for the garage and the unit itself. The limit to an annual inspection applies to the garage as well as your apartment unit.

A new California law, Civil Code Section 1954, requires the landlord to obtain consent or give 24 hours’ written notice before entering any portion of a rental property, which in your case includes the garage. During the garage inspection, the manager can look for hazards.

We recommend the garage be uncluttered to avoid a concern that it is a safety or fire hazard.

Denials over past home may be bias

Question: After living in an alcohol recovery home for the last two years, I can now live on my own. Several apartment managers where I’ve applied say I don’t qualify as a tenant because I’ve been living in a group home. Can I be refused an apartment for this reason?

Answer: You cannot be refused from applying for a rental solely on the basis of having lived in a group home. This would be discrimination based on a disability. The Federal Fair Housing Act defines a disability as a “physical or mental impairment” that includes diseases and conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV, mental retardation, mental health disabilities, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

For more information, contact your local fair housing program. However, keep in mind that you may be declined for valid business reasons such as insufficient income or credit-history problems.

One deposit gives owner flexibility

Question: I own a rental house in an area where the occupancy rate is quite low. Because of this, I’ve decided to consider prospective tenants who have pets. Should I list the pet deposit separately or as part of the cleaning deposit? Also, can I charge to spray for fleas after the tenant moves?

Answer: Regardless of whether a deposit is separate or combined, California Civil Code 1950.5 allows for de-fleaing costs to be deducted from either a pet or security deposit if fleas remain after a tenant moves out. Even though the pet deposit can be separate from the cleaning deposit, it is recommended that the two be combined and designated as a single deposit.

Regardless of whether these are separate or combined, the total of all deposits cannot exceed two months rent, assuming the units are unfurnished. If you designate or label a portion of the deposit as a pet deposit, those funds can only be used to repair damage done by the pet. However, if you collect one deposit, those funds can be used for any damage done by a tenant, his or her guests, or a pet, as long as any such damage is beyond ordinary wear and tear.

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, call the state Department of Fair Housing and Employment at (800) 233-3212.