A Solomonic decision on disabled parking spot? Not really
Question: I have been disabled for four years and have used a parking space very near my apartment door. Now, the manager says a new tenant who uses a wheelchair must have my parking space. What can I do?
Answer: Fair housing laws prohibit discrimination based on disability. It’s specifically defined to include “a refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.”
If your disability requires that you park near your unit, and the other tenant needs a handicap-accessible spot, the manager should focus on possible solutions for both of you.
If you need help, contact your local fair housing agency.
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Change of heart has fee attached
Question: I’ve been looking for a new place, and one rental application has me curious. It says that if I am offered a unit in the complex and I refuse, I will receive a charge based on the daily rental rate. Can a property owner do this?
Answer: This is not permissible. Just as a landlord has the right to refuse an applicant without penalty, so does a prospective tenant have the right of refusal without penalty.
The only exception would be if you signed a holding deposit or rental agreement. If you then changed your mind, you could be charged the reasonable amount of financial damages incurred by the landlord. Damages include loss of rent and additional advertising cost because he had expected you to move in and had stopped looking for a tenant.
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Come clean in notice to renters
Question: I rent out rooms in my house on a month-to-month basis and have always allowed tenants use of my washer and dryer. I want that to stop, but when I told them, several said I needed to give them a notice. What notice do I use?
Answer: Your tenants are referring to a “Notice of Change of Terms of Tenancy.” Each time you change a term or condition, this notice must be served to all tenants affected.
Unless your tenants agree on a shorter time, the notice must be served 30 days before the change. However, if the change is a rent increase of more than 10%, the notice must be 60 days.
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New contact info up to ex-tenant
Question: Ever since I have been a landlord, I have always instructed my resident managers to get forwarding addresses and new phone numbers for tenants who are moving.
Some tenants are now refusing to give this information. What do I do?
Answer: Tenants are not required to give any future business or personal information when they vacate a rental property.
If your concern is how to process the security deposit settlement, you are obligated only to use the address known to you. If a tenant does not give you a new address, you can use the departing renter’s current one.
If the tenant has put in a request to the post office to forward his or her mail, then the settlement will reach the former renter. If no such request is made, then the settlement letter will be returned to you. In this case, keep the returned envelope as proof that you fulfilled your obligation to send a settlement letter within the 21-day requirement.
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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.
