In the pool, a rule that applies to one must apply to all

Question: A new tenant in the complex that I manage has a disabled child who wears a leg brace. Since we have a swimming pool, the property owner is concerned about this child being in or around the pool. Can we request that this child always have an adult present when he uses the pool?

Answer: No, you cannot request that this child always have an adult with him when he uses the pool. To single out this child in such a way would be discrimination based on disability. You may, however, have a general rule that states that children under the age of 14 must have adult supervision at all times when in the swimming pool area. Since this rule would be applied across the board, it would not be seen as discriminatory.

*

Off-limits report is a deal breaker

Question: Due to concerns about identity theft, I’m finding it difficult to check credit reports for prospective tenants who have placed security freezes on their credit reports. The applicants are reluctant to remove the freeze since, in many cases, there is a fee involved to remove the freeze and then reset it. What should I do?

Answer: If it is your practice to require a credit report, it is the obligation of the applicant to lift the freeze so you can receive a copy of the report. The authorization to access a credit report should be part of the rental application.

Failing to allow you access to the credit report makes the application incomplete and is justification for declining the tenant. For more information or assistance, contact your local housing mediation program.

*

Turned-out renters get 30 days’ notice

Question: I manage a large apartment complex. There has been talk that the state law requiring a 60-day termination notice for tenants of more than one year has expired. Is this true?

Answer: That is correct. Effective Jan. 1, Civil Code Section 1946.1, which had required a 60-day termination-of-tenancy notice, is no longer valid. This statute, passed by the Legislature in 2001, was subject to a “sunset” provision, requiring the law to be extended before Dec. 31, 2005.

Since the Legislature did not renew the statute, it has now expired. As a result, a renter on a month-to-month agreement is only entitled under state law to a 30-day notice of termination from the landlord, regardless of the length of tenancy.

The rule for a tenant giving notice has always been that the tenant is required to give a 30-day notice, so that rule is unaffected. Some rent-control ordinances provide for a longer notice period. Also, tenants renting pursuant to the federal Section 8 program are still entitled to a 90-day notice of termination.

*

She wants out of marriage and lease

Question: I have been the victim of domestic violence at the hands of my husband. We live in an apartment under a one-year lease. One of the reasons I am afraid to take action is that if he is removed from the unit, or if I leave, I will still be responsible for the rent, which I cannot afford on my own. Do I have a right to break the lease because I am a victim of domestic violence?

Answer: There is no statute that specifically allows a lease to be broken in your situation. However, you could argue that your husband’s actions constitute criminal activity, which could cancel the lease.

Also, you could argue that his conduct -- whether he is removed or you leave -- makes it impossible for you to fulfill the lease.

The law recognizes the doctrine of “impossibility” as grounds to void a contractual obligation. Your landlord may be willing to resolve the matter of the lease obligation If you obtain a restraining order, consider providing a copy to the landlord to encourage him to be more accommodating.

*

Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087.