Landlord Can Remove Unwanted Guest

QUESTION: One of my tenants has a long-term visitor(five weeks) who he says is his sister. She certainly doesn’t look like his sister to me, but the exact nature of their relationship is, of course, none of my business. The rental agreement clearly states our guest policy, and the tenant has unquestionably violated it. How can I remove this unwanted guest?

ANSWER: If your tenant has violated his rental agreement, you can always serve him with a three-day notice to remove the unauthorized person or leave the premises. The notice that you give him should clearly state that occupancy of the unit is limited to those on the rental agreement. As an alternative, you can first offer an application to his guest and see if she qualifies to rent. If so, you can feel comfortable in giving her a more permanent status in your complex as a tenant rather than as a guest. If she declines to fill out an application or does not qualify, you can proceed with a three-day notice.

Overhanging Tree Causing Problem

Q: The property owner next door has been complaining about a tree that hangs over his fence. He says that the falling leaves aggravate his wife’s allergies and cause a mess, and he wants to have the tree removed. Although we sympathize, as tenants we don’t have any authority to decide what can be done with the tree. We have contacted our landlord, but he refuses to do anything about it. How can we solve this problem?

A: Try to put this dispute back where it belongs by giving your neighbor the landlord’s phone number and address. If this doesn’t work, your neighbor may be able to contact a community mediation program for assistance or, alternatively, he may choose to take legal action. Be careful to recognize that this is not your problem, but one that the two property owners will have to solve between themselves.

Can Owner Serve Notice

on One of Tenants?

Q: I own a house in which I rent out two rooms. I would like to serve a 30-day notice to one of my tenants but would like to continue the other tenancy. Can I legally serve a 30-day notice to one without serving the other?

A: This is a perfectly acceptable practice, especially if both of your tenants have separate rental agreements. Nothing prohibits you from terminating the tenancy of one lodger in your house while continuing to rent to others.

The tenant you plan to evict may offer many arguments why she should not be evicted if the other tenant is allowed to stay, but in general you need not justify your decision to give a 30-day notice, as long as your motive is not discriminatory or retaliatory. If your tenants have become friends, be prepared for the one you’re allowing to stay to rally in support of the other tenant. She may even terminate her tenancy, leaving you with two vacancies to fill instead of one.

Zoning Law Can’t Stop Home for Disabled

Q: I would like to open a home for developmentally disabled adults in some rental property that I own, however I am concerned about the reactions of the neighbors and the possibility that they may use local zoning rules to keep out people with disabilities. Can the neighbors do this, and if they do, where can I get some help?

A: No, the neighbors cannot use the local zoning laws in a way that would make housing unavailable because of the intended residents’ disabilities. The Fair Housing Act overrides any state or local land-use and health and safety laws, codes and/or regulations that discriminate against people with disabilities or that allow such discrimination to occur. It would also be unlawful for the community to impose different terms and conditions or provisions of benefits and services for a dwelling for people with disabilities than it chooses to impose on anyone else.

Additionally, a zoning entity cannot deny a permit to a provider because the community does not want people with disabilities in their neighborhood. If your neighbors persist in this course of action, you will need to talk to a fair housing agency. Call the Housing Discrimination Hotline at (213) HOUSING.

Can Mother, Daughter Share 1-Bedroom Unit?

Q: Recently, when I tried to rent a one-bedroom apartment for my 6-year-old daughter and myself, the manager told me he would only rent to one person in a one bedroom. I am a single mother on a tight budget and cannot afford a two-bedroom apartment. Have the courts made any rulings about strict occupancy limits and their effects on families with children?

A: A similar case called U.S. vs. Badgett (No. 91-3458 CA-8, Oct. 9, 1992) was heard in Federal district court where the court held the owner’s occupancy policy did not violate the Fair Housing Amendment’s Act of 1988 because it was considered neutral, and therefore non-discriminatory. The case was appealed to the Eighth Circuit where a three-judge panel decided the district court’s analysis was incorrect. The judges cited the Department of Housing and Urban Development’s position and found that the occupancy limit of two per bedroom was reasonable and that the standards at the apartment complex in question were exclusively restrictive and discriminatory against families.

It should be noted that each case that goes before the courts will need to be evaluated and decided on its own merits and that through this process a more consistent pattern of establishing occupancy standards will probably develop. For more information, including state and local guidelines, please call your fair housing agency at (213) HOUSING.

Must Landlord Repair Broken Refrigerator?

Q: The refrigerator in the house I rent stopped running. When I asked my landlord to fix it, he said he did not have to fix it according to the “as is” clause in my rental agreement. Is it possible for him to avoid responsibility for repairs to amenities by including a clause in the rental agreement that states that the tenants accept the appliances in “as is” condition?

A: There is no law that explicitly requires a landlord to repair amenities should they break down. A landlord may be responsible for repair if the rental agreement expressly states that the landlord promises to maintain these items, or if the landlord has said or done something that would lead the tenants to believe that he agreed to take care of these problems. Clearly, if you rented the unit with the appliances “as is,” the landlord excused himself from this responsibility. However, if the defective appliance causes a problem with the electrical, plumbing, heating or other major systems, the landlord may need to do the repair regardless of the “as is” clause because of superseding habitability requirements. In some areas, refrigerators are included in the list of appliances the landlord is required to maintain, so check with a tenant/landlord agency in your city about any local regulations.