The disability check is in the mail -- but the rent’s due now
Question: My only income is a monthly disability check. The problem is that it arrives anytime during the first week of the month, so I’m not always able to pay the rent on the first day of each month. What can I do to avoid notices and late fees?
Answer: You are entitled to request a change in rental due date under fair housing laws. You should talk with the manager or property owner.
If asked, you should provide a letter from your doctor verifying your disability, but you do not have to release medical records or details of your condition.
To calculate the adjustment, divide your monthly rent by 30 to determine a daily rate. For example, if your monthly rent is $600, the daily rate is $20. If the due date were moved to the 10th, the rent would be $600 plus $200 (10 days at $20 a day) the month that takes effect. Thereafter, you would pay the rent on the 10th of each month at the rate of $600.
Who pays to rid apartment of ants?
Question: For a long time, I had ant problems in my apartment. I paid a pest service to get rid of them. The manager said the owner is responsible for pests only when a tenant first moves in. Is this true?
Answer: California Civil Code Section 1941.1 says an owner is responsible for all buildings and grounds at the time a lease or rental agreement commences. All areas under control of the landlord must be kept clean, sanitary and free from accumulations of debris, filth, rubbish, garbage, rodents and vermin.
In short, this means that at move-in time, if there are pests such as ants, spiders or rats, the owner must remedy the problem. However, since an owner has no control over tenants’ housekeeping habits, the ongoing responsibility for controlling pests after occupancy is that of each tenant.
There is a potential exception if the infestation is due to the landlord’s failure to maintain the common property such as the garbage-can area or the land under the foundation. In some cases, property owners do have regular spray services, but this is not a requirement. Talk with your manager or property owner again and try to work out a solution that suits both of you.
A special door for service dog
Question: I rent a house to a tenant who recently obtained a service dog. Usually, I don’t allow pets, but I understand I must allow a service animal in this situation. The tenant says the dog needs to be able to enter and exit the apartment on its own, which would require me to install a dog door in the front door. I feel this is unreasonable. The front door is a very expensive solid wood, and I don’t want to ruin it. Do I have to honor this request?
Answer: A physical change to a unit is a modification. The fair housing laws state that a landlord must allow a disabled tenant to make modifications to a unit if they are “reasonable” and necessary for the tenant to use the dwelling. Since this door is for the tenant’s service dog, it is related to his or her disability and its installation is allowed.
Although you do not have to install the dog door, you should inform your tenant that he or she is allowed to install it at his or her own expense.
Also, when the tenant vacates, you may require him or her to remove the doggie door or install a new door altogether, thereby returning the unit to its original condition.
One solution would be to store the original door and rehang it when the tenant vacates. That way, you can restore the original door, and the tenant can keep the modified one.
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.
