Student status is not grounds for refusal
Question: I’m looking for an apartment in the town where I’ll be going to college. Housing is very limited, and I’m having a problem finding a landlord who will rent to me. The manager at the last place I applied said she had a policy of not renting to students. Can landlords refuse to rent to students?
Answer: Most rental housing should be available regardless of your student status. The exception to this rule is for certain federally subsidized housing programs, which are specifically prohibited from accepting students. Aside from that exception, California housing laws seem to indicate that landlords cannot refuse to rent to an applicant solely because he or she is a student.
Under California law, this may be considered age discrimination, which is illegal. This could also be considered discrimination based on an arbitrary characteristic, namely being a student, which is also illegal in California.
If you are refused an apartment, other than a federally subsidized apartment, because you are pursuing studies rather than working, tell the landlord or property manager that it is illegal under the fair housing laws to refuse you because you are a student. If talking to the prospective landlord doesn’t help, try putting your concerns in writing and state that you have consulted with a fair housing agency about the matter.
If you are still refused the apartment based on your student status, contact a fair housing agency to make a formal complaint. Fair housing agencies are funded to investigate complaints of discrimination in housing and help to see that the laws are enforced. If you act quickly enough, your local agency may even be able to help you obtain the housing you applied for.
Handling tenant’s live-in boyfriend
Question: I just discovered that one of my tenants has a boyfriend living with her. I don’t want him to stay until I find out more about him. The tenant is on a lease. What do I do?
Answer: There are several ways to handle this matter. Assuming the lease specifically prohibits other adults from living in the unit without your permission, you can serve a three-day perform covenant or quit notice requesting that the tenant submit a rental application for her friend. Using this information you can evaluate whether he meets your tenancy criteria.
If he meets with your approval, you can rewrite the lease or convert their tenancy to a month-to-month agreement. If he doesn’t meet with your approval, you can serve a second notice (three-day perform covenant or quit) to remove the unwanted guest. If this does not happen, you will have to proceed to legal action against both the tenant and her friend.
If the lease does not limit the number of occupants, you cannot take action during the term of the lease. You must wait until the lease expires. Consult a local mediation program to see if this can’t be resolved outside of court.
When a deposit can be increased
Question: The new owner of the house I rent wants to increase my security deposit. She says the current one is too low. Can she ask for more money?
Answer: It depends on whether or not you have a month-to-month agreement or a lease. Month-to-month tenants can be asked to increase their deposit with a proper 30-day change of terms notice up to the statutory limit. California Civil Code section 1950.5 states the total deposit paid cannot exceed twice the monthly rent if you have an unfurnished unit or three times for a furnished unit.
If you have a lease, the deposit cannot be increased during the lease but can be raised at the time the lease is renewed.
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 or the Southern California Housing Rights Center at (800) 477-5977.
