Fireplace disagreement is heating up
Question: The house I rent has a fireplace. There is a lot of soot on the brick facade, and I think the chimney needs cleaning. The fireplace is our only heat source, but when I asked the landlord to schedule a cleaning, he said no. What can I do?
Answer: California law requires a landlord to provide habitable premises, including adequate heat. According to Section 701 (a) of California’s Uniform Housing Code, heating facilities must be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in all habitable rooms. Therefore, it would seem a fireplace couldn’t be the only source of heat.
However, if the fireplace meets this requirement and can be designated as a valid heat source, then Civil Code Section 1941.1 may require its cleaning. This statute addresses a number of items that are required for a property to be considered habitable, including safety factors.
Your options? Contact your landlord, in writing, and request a cleaning based on 1941.1 or contact your housing inspector to determine the fireplace’s status.
If the landlord continues to decline the request after a reasonable period of time, not to exceed 30 days, notify him or her that you will pay for it and deduct the cost from the next month’s rent as long as the cost does not exceed one month’s rent. In this case, the landlord may disagree with you and serve a three-day pay rent or quit notice that could result in you having to defend yourself against an unlawful detainer lawsuit.
A better option is to discuss the matter with the housing mediation program for your area. They will explain in depth your options and the best approach for resolving this matter.
Rule No. 1: Get deal in writing
Question: I moved without giving a 30-day notice because my landlord said it wasn’t necessary. I just received my deposit settlement letter, which shows she has charged me for 30 days’ rent. Do I owe this, since she said I could move without a notice?
Answer: You would not owe the additional rent if the “waiver of 30 days’ notice” offer was in writing. If it was not in writing, then she might be able to hold you to the advance-notice requirement. In this case, it would be your word against hers.
This is an excellent example of why the best protection for both parties in a tenant-landlord relationship is to document all promises and deals in writing.
It’s up to landlord
to seek inspection
Question: I’m friends with the resident manager of the complex I live in. Recently, we were discussing the “pre-departure inspection” law that went into effect in January 2004. She says the tenant must ask for the inspection, and I said the landlord or the agent has to offer the inspection. Who is correct?
Answer: You are correct. Civil Code Section 1950.5 states that once a landlord or their agent becomes aware that a tenant is moving, the landlord or agent “shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection.” This inspection is to be no earlier than two weeks before the tenant’s last day.
Civil Code 1950.5 says the inspection must be scheduled at the convenience of all parties, the landlord must give a 48-hour written notice confirming the appointment, and the tenant should be given an itemized statement specifying repairs or cleaning that may affect deductions from the tenant’s deposit.
By receiving the itemized statement, a tenant then has the option to perform the repairs or do the cleaning. The only exceptions are hidden damage, such as stains under furniture, or damage caused during move-out.
It is good practice to conduct a second walk-through inspection after move-out to document if any of these exceptions exist. Both parties should take still photographs of the entire unit to document the overall level of repair and cleanliness.
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.
