Landlords should avoid taking an INS role with tenants
Question: Like most Californians, I am aware of the ongoing debate about undocumented residents in our communities. As a landlord, am I supposed to ask my tenants to prove they have legal status? Is there some state or federal law that might make me subject to prosecution if I rent to a person who isn’t in this country legally?
Answer: There is no federal or state law requiring a landlord to ask a tenant or prospective tenant about his or her immigration status. We recommend that landlords avoid inquiring about immigration status because this question is often applied unevenly, or appears to be uneven, depending on the race or apparent national origin of the tenant or prospective tenant. That type of uneven practice could lead to housing discrimination claims.
Usually a legitimate background check, applied evenly to everyone, will disclose sufficient information to make a judgment about a person’s stability in the community, which is the underlying legitimate concern when a landlord is selecting tenants.
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Reestablish date the rent is due
Question: I just discovered that the manager I employ to collect monthly rent checks has been recording payments as current even though some tenants have been paying late. I’ve addressed the issue with the manager and now want to make sure the tenants follow the due date that is in their rental agreements. Do you have any suggestions as to how I do this?
Answer: Since the manager’s conduct has created an implied waiver of the existing requirement to pay on time, you have two options to reestablish enforcement of the due date for rent payments, assuming the tenancies are on a month-to-month basis.
One way is to serve a written 30-Day Change of Terms Notice that states the due date listed on the agreements. Or you could serve a written Notice of Reinstatement of Terms of Tenancy that reestablishes the date. Either of these notices will become effective 30 days after service is made to each tenant.
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Fairly calling all would-be renters
Question: Could you recommend wording for a non-discrimination statement I can add to my rental applications to show that all prospective tenants are welcome to apply?
Answer: I recommend putting the following statement on your application along with the equal housing logo, available online at: www.hud.gov/library/bookshelf 11/hudgraphics/fheologo.cfm.
“Federal and California state fair housing laws guarantee a right to housing free from discrimination based on race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, age, marital status, or any other arbitrary characteristic. We welcome all applicants in accordance with these laws.”
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This window case is open and shut
Question: When the landlord painted the inside of my apartment last year, he painted all the windows shut. Recently, when I tried to open the living room window, the glass broke. The window has been repaired, but the landlord said I have to pay the bill. Am I responsible for repairing the broken window?
Answer: California Civil Code Section 1941.1 requires that owners maintain rentals in a condition “fit for living.” Besides requiring that roofs, walls, plumbing, hot and cold water, sewers, heaters, lights, floors, stairways and trash containers be provided and maintained in good condition by the owner, this code requires that doors and windows be operable and unbroken.
Unless you were reckless or careless in attempting to open the window, it would seem unreasonable for the landlord to require you to pay for the repair.
Additionally, painting windows shut could be a violation of local fire code.
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Project Sentinel is a rental housing mediation service in Sunnyvale, Calif.
