Victim of violence can’t find a home
Question: I am a victim of domestic violence and am having trouble renting an apartment because of poor credit. My credit was ruined when I was hospitalized as a result of injuries I received. Are there any fair housing laws that protect domestic violence victims?
Answer: The application of fair housing laws to domestic violence situations is an area of law that is still developing. Fair housing laws have been interpreted to protect women (the most common victims of domestic violence) from gender discrimination, including being evicted solely because they have been victims of domestic abuse.
A landlord may want to evict a person who has been a victim of domestic violence to ensure there is no further disturbance on the property that could affect the neighbors or be a financial liability. But recent fair housing cases have held that if the tenant can show that the violence will not recur (for example, by obtaining a restraining order or other legal protection), then the landlord should no longer fear a recurrence of the violence and should not evict the tenant.
Of course, a landlord does have the right to ensure the creditworthiness of potential tenants. Talk to the landlord about your personal situation. Explain the steps you’ve taken to make sure you will not be in a similar situation again. Consider asking the landlord to allow you to have a cosigner -- someone with good credit who is willing to guarantee the rent will be paid.
If this request is rejected, call your local fair housing agency to discuss whether fair housing laws might offer some protection.
Two renters but one deposit check
Question: My roommate and I are moving out but the manager says he will be returning our security deposit to my roommate only. When we moved in together, we each contributed half the deposit, but my roommate paid it with her check. I think I should receive part of any deposit money that is refunded. Am I correct?
Answer: Unless the rental agreement states differently, the check for any security refund should be issued in both your names if both of you signed the agreement. It will then be up to you and your roommate to decide how the refund will be divided.
A security deposit usually is assigned to the property, not the individual or individuals who made the payment. In fact, to do otherwise could be cumbersome to a landlord or resident manager. For example, if there were damage done to the property, the landlord or manager would not be able to accurately determine who was responsible unless that party stepped forward and acknowledged responsibility.
To separate a security deposit between roommates, the rental agreement would have to spell out that each tenant’s deposit would be settled individually as each tenant moved or when all tenants vacated.
Make a new rule: No window signs
Question: A tenant in the rental property I manage has put a sign in her front window that contains an obscene gesture. The sign can be seen by other tenants in the complex. Do I have the right to require the tenant to remove the sign?
Answer: Property owners have a great deal of discretion to make rules and policies regarding their rental property as long as the rules and policies are equally enforced for all tenants.
Most rental agreements have a “quiet enjoyment” clause that addresses offensive behavior by tenants and their guests. Ask the tenant to remove the undesirable sign. If she doesn’t, you can serve a Three-Day Perform Covenant or Quit notice.
If the rental agreements don’t contain the quiet enjoyment clause, you need to serve a written 30-Day Change of Terms Notice to all the month-to-month tenants.
This notice should state that no signs, decorations or symbols may be placed in or affixed to any windows.
For those tenants on leases, you’ll have to wait to add this clause as each individual lease is renewed. Be sure to enforce this type of rule on an evenhanded basis.
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.
