Mar 18 2009

Pet or guide dog?

Published by Christine under Property Management

I understand an owner can choose if they want to rent to pet owners or not, but what about an guide dog? Can a landlord not rent to a person with a handicap and/or a dog?

This is hard to answer in brief, but guide dogs and assistance animals should be accepted in rental housing as they are not considered pets. The landlord can ask for verification and explanation as to the role of the service animal to verify that it is not a pet. When looking for a rental property it's wise if the applicant is up front and explains their situation and that they have an assistance animal. The landlord should be aware that there is an animal on the premises so they can relay the information to neighbors, service personnel, and HOA representatives as necessary.

Remember that there are a variety of service animals–not just guide dogs for the blind. There are service and animals for people with mobility limitations, hearing disabilities, diabetic conditions, and so forth. And, usually they are dogs, but not always. (There are miniature horses being trained as "guide dogs" for the blind! Click here if you don't believe me!)

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Mar 16 2009

Changing pet policy

Published by Christine under Property Management

So my apartment complex was sold, and I and several other tenants have cats. The original owner allowed them, but the new owner has given us notice to move or get rid of the cat(s). Is this legal?

Check your lease agreement. Most leases will have a clause about pets–whether they are allowed or not allowed. The default is usually "not allowed" unless there is a pet addendum incorporated into the lease.

The lease terms transfer from old owner to new owner, so unless you signed a new lease with the new owner, whatever is in your original lease is valid. If your cat is included in the lease agreement, then the new owner may start a no-pet policy with new tenants but your cat is "grandfathered" in under the original lease terms.

If the cat is not part of the lease and you wish to stay, my recommendation would be to ask your new landlord to do a walk through of your unit and see the condition in which it is kept. If you keep house well and there is no evidence the cat lives there, you may be able to bargain for a concession. However, what one tenant is allowed is usually expected by the other tenants, so it's possible the new owner just wants to have a pet-free building.

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Jan 06 2009

Back to the Uninhabitable question

Published by Christine under Property Management

OK, taking this a step further, if the landlord doesn't fix the non-operational bathroom and kitchen lighting we talked about last week, what is the next step?

The tenant should call and follow up with the landlord. If that yields no response, then a formal request for repair should be made in writing. Sending in a letter with the rent check or via certified mail is a way to track receipt.

Ultimately, the tenant can hold back payment of rent if they had to pay for a repair that was an emergency or requirement to make the home habitable. However, attempts to allow the landlord to correct this problem should be made. If tenant requests are made, documented, and ignored, there are two choices left:

1) Hire an electrician to make the repair — after giving the landlord ample notice of the intent, then provide receipts and proof of payment to the landlord, asking for reimbursement. If the landlord will agree to accept the repair value in lieu of rent, get a written agreement.

2) Give the landlord the required notice and move out. Often moving is the easiest solution, since the landlord is likely setting a precedence for all repair requests. If there is a term lease involved, then moving out may not be a solution as it would break the lease and incurr further legal issues.

Should the tenant elect to pay for the fix, it's possible the landlord won't reimburse the repair. Then comes the choice to eat the cost and continue on as a renter, or cut your losses and move. Withholding the repairs from rent is valid in some situations, though the landlord may still start eviction proceedings for non-payment of rent. Going this route involves time, patience, and a clear paper trail.

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Jul 14 2008

Exhorbant Late Fees

Published by Christine under Property Management

Can my landlord charge $200 for not having my rent in by the 5th?

Look at your rental or lease agreement. The terms of late rent payments should be outlined there, whether it be a flat fee or a graduated rate (every day it's late the fee increases). If you signed the agreement and/or accepted the keys and are paying rent…then you have committed to all terms of the lease.

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Jul 10 2008

Wow, it's hot! Where's my A/C?

Published by Christine under Property Management

Each year in the Bay Area it's getting warmer. I remember when 85 was considered peak summer heat!

Many renters are looking for homes with A/C or asking landlords to add it. Understandably so, though don't be surprised if the owner says "No."

California law states residences must have heat, but A/C is not considered a legal requirement at this time. It is a convenience item and at the discretion or agreement between landlord and tenant. Installing a new, forced-air A/C system in a home usually costs $5000 to $8000 depending on the upgrades needed to the current heat system.

Most landlords will allow tenants to install portable or window A/C units at the tenant's expense. However, depending on the construction of the property, A/C may not be the whole solution to the heat. Attic fans, ceiling fans, dual-pane windows, blackout drapes, porch covers or shades, and insulation can all increase the property's ability to refract heat. These all fall under the "convenience" item category, so landlords are not required to provide or permit them.

Tenants, remember to check with your landlord before making any permanent changes to your rental property. Many landlords appreciate efforts made that will enhance the desireablilty of their rental in the future, so they may be quite agreeable to your suggestions and efforts. However, your changes, if not agreed upon, may be deducted from your security deposit for "restoration" of property.

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