What constitutes ‘last month’s rent’ is open to interpretation

Question: We have a tenant who has been renting a unit for more than 10 years. When she moved in, she paid “last month’s rent” to our resident manager. She has given notice that she is moving. Her rent is now $400 higher than what it was when she moved in. Can we require her to pay the $400 difference?

Answer: Years ago, the practice was common, but it’s not recommended now. One drawback is that such funds are considered a deposit, but can be used only for rent and not applied toward repairs or cleaning.

Also, if there is a written agreement saying the “last month’s rent” has been deposited, many courts won’t allow a landlord to collect subsequent increases, such as the $400 at stake. Because an individual court may apply a different interpretation, consider a settlement with the tenant or mediation.

Ask owner before you redecorate

Question: The apartment I want to rent needs a lot of cosmetic improvements. Can I upgrade it myself?

Answer: Don’t start any projects without written approval from the owner. Sometimes, what a tenant views as an upgrade will later be viewed by the landlord as damage.

Personal upgrades could include painting, window coverings or flooring. Anything you attach to a wall or ceiling will have to stay in place when you move unless you can restore the wall or ceiling to its original condition.

Decor changes might also need to be restored unless you have written approval from the landlord in advance.

Forcing family to move violates law

Question: I recently had a baby, and the manager says I must move because my apartment is near the swimming pool. Can the manager force this?

Answer: No, the manager can’t force you to move because your child lives near the pool.

If the manager is forcing residents with children to move, but allowing all other tenants to stay, that may be seen as discrimination based on familial status. Such status is protected under the federal fair housing laws and includes households with one or more children younger than 18. Setting different terms and conditions includes charging higher deposits, requiring different lease terms or restricting children’s access to common areas.

A family should not be denied equal housing opportunities simply because the manager believes proximity to a swimming pool is a safety hazard. If you continue to encounter such treatment, contact your local fair housing agency for help.

When to serve three-day notices

Question: Several tenants have let extra people move in without my permission. I served three-day notices to move, but they say this is not valid. Aren’t I allowed to control this activity?

Answer: You have the right to control who occupies your property. Assuming that the lease requires your permission before any additional adults can live in a unit, you can serve a three-day notice. There are two types: unconditional, which tells the tenants they have violated their lease and must vacate; or the Three-Day Notice to Perform Covenant or Quit on the signatory tenants, requiring them to remove the illegal ones or vacate.

You might be able to avoid these legal tangles by working out an agreement with the signatory tenants through your local housing mediation program.

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.