House sitter is the cat’s meow, but landlord wants more info
Question: For several years now, I’ve traveled abroad for a couple months each summer. I used to leave my apartment empty, but because I now have a cat, I hired a house sitter. When I told the manager, he said the sitter would have to complete an application and qualify as a tenant, because subletting is not allowed. Is the manager correct?
Answer: Even though the time period is short, it is prudent for an owner to know who is living in the property.
Anyone who lives in rental property for the length of time you are stating could acquire “tenant rights.”
Although your intentions are otherwise, if you should not return and the sitter were to stay on, or if the sitter were to fail to leave after your return, there would be someone living in the rental property who hasn’t gone through the qualification process. If this happened, the property owner would have to pursue legal action against the sitter without any known personal or financial information.
However, your landlord has the right to regulate a “guest” -- such as your sitter -- only if the rental agreement specifically limits your right to have guests or places limits on their right to stay in the unit. If the agreement is silent on this, your right to have a sitter or other guest cannot be regulated, unless or until the landlord follows the applicable rules to add such limits to the rental agreement.
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Renter must pay for reinstallation
Question: After an illness, I am confined to a wheelchair during the day. The property owner has arranged for me to move into a downstairs unit. I’ve discovered that the portable dishwasher in the new unit will prevent me from moving around easily in the kitchen. The owner has agreed to remove the dishwasher but has told me that I will be charged a reinstallation fee when I move. Is this allowed?
Answer: The Fair Housing Act requires landlords and property owners to allow disabled tenants to make reasonable modifications to their living space, if necessary for them to comfortably and safely live in the unit, at their own expense.
In addition, a landlord has the right to ask for a reasonable description of the proposed modification, proof that the work will be done in a workmanlike manner, and evidence that the tenant is obtaining any necessary building permits. The landlord then must allow the modification if it will not make the unit unacceptable to the next tenant or if the disabled tenant agrees to undo the modification on moving out.
Your landlord must allow reasonable modification for you to be safe and comfortable in your living space, but not at his expense. This fee he will charge you for the reinstallation of the portable dishwasher is allowed.
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‘Emergency’ or pure annoyance?
Question: Every time the owner of the duplex sees someone knocking at my door, she calls me at work. I’ve asked her many times to call only when there is an emergency, but she ignores my requests. Is there anything I can about this?
Answer: Unless the parties have agreed or there truly is an emergency, a landlord should not be contacting a tenant’s workplace, friends, employer or family. This could be classified as an invasion of privacy.
Some employers do not allow personal calls at work, and the owner’s action could jeopardize your job. If you haven’t already done so, put your request for “emergency contact only” in writing to your landlord.
If the problem continues, consider contacting your local housing mediation program.
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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.
