Lock Box Can Stay Put Even If Renters Do, Too

20-Apr-1997 Sunday
(Page H-4 )

Robert Griswold, Steven R. Kellman, and Ted Smith
This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of KSDO Radio's "Real Estate Management Today!" (Saturdays, 2-4 p.m.) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: Our lease was up the end of last month. Our landlord is willing to extend our lease till early fall with the stipulation that he will list the property for sale with a broker and we will show the home or cooperate with the broker to show the home during that time. Am I legally obligated to show the home or even allow an agent to show the home while I am occupying it? As long as I'm living here I would prefer not to have a lock box and to have as much privacy as possible. What do you suggest?

A: Griswold: You are not required to accept the landlord's offer, but likewise, the landlord can legally enforce the termination of your lease. Thus, the question only you can answer is whether staying in the home for an additional six months or so is worth the hassle and inconvenience of having strangers walking through. This is your call. I would suggest you try to negotiate reasonable terms in writing regarding access. For example, see if you can eliminate the "unlimited access" lock box as long as you can usually accommodate access during normal business hours and weekends with a minimum of 24 hours' notice (as the owners or their agent is allowed per Civil Code 1954). Also, ask your landlord for a bonus if the home is successfully sold in a certain time. For example, maybe if the home is sold in three months, you get the last month's rent free; in six months, one-half month's rent free and so on. Whatever makes sense and will earn your full cooperation. Many brokers realize it can actually be easier to sell a home that is occupied. It is a smart move by the owner to make you part of the sales team.

Q: We have been renting for three years and have always paid by personal check. Now the manager said all rent must be paid by money order and that he will not accept our checks. I do not want to use money orders because it is really inconvenient to buy them. Can they do that to us?

A: Smith: Yes. It's likely you have a month-to-month tenancy. If so, the landlord can change the terms of the tenancy with proper written 30-day notice. Such changes include increasing the rent, changing services or, in this case, altering the acceptable method of paying the rent. As long as proper notice is given, it is legal for the landlord to change the payment method from check to money order only.

Kellman: No, not necessarily. Leases generally cannot have their terms changed during the lease term. A landlord may, however, change the terms of a month-to-month tenancy on 30 days' notice, but not all term changes are necessarily proper. For example, can a landlord demand the rent be paid in postage stamps or grocery-store coupons? While that example seems silly, it may be equally unreasonable to force a tenant to pay rent by money order when there was no history of problems with payments by check. Although I would argue that such a demand is improper, advice should be sought before protesting such a rent-payment rule change.

Q: I teach an extended studies college course for entry-level apartment managers and read your column with great interest. Recently, one of your answers concerned me. A tenant had a carpet that was very worn to the point of delaminating (the backing was separating from the fiber or knap) and you indicated that this was a health hazard and the owner was financially responsible for replacing the carpet. Can you explain how a damaged carpet is a health hazard? I thought carpet was cosmetic and wasn't a necessity like heat or water.

Would a city health department actually respond to such a complaint and send the owner a violation notice?

A: Griswold: Yes, I believe that the carpet in this case was a health hazard. A carpet that is so worn that it is delaminating presents a trip-and-fall hazard as the surface of the carpet may move while the backing stays in place. California Civil Code section 1941.1 sets forth specific conditions that may constitute uninhabitable dwellings and subsection (h) states this requirement in part as "Floors: maintained in good repair". As you state, carpeting is not a necessity but, once supplied, must be properly maintained. Therefore, the landlord in this case must either replace the carpeting or remove it.

Kellman: As you and Robert point out, carpeting is not legally required in a rental dwelling. However, if a landlord supplies carpeting, it must be maintained in a safe and habitable condition just like a stove or oven. For example, a carpet that is excessively worn may have loose threads or tears which may present a trip-and-fall hazard. In such carpet, there may be exposed nails that can cause injury and infection. Carpeting may become contaminated with chemicals, mold, mildew or noxious odors that can cause health problems. Poorly maintained carpets pose special risks to small children who can become severely injured by such conditions. Children have much more physical contact with a carpet than adults and that can make any poor condition a cause for concern. While initially it may seem that carpet is an amenity not covered by safety codes, it actually is an important part of a dwelling which can cause severe consequences when its maintenance is neglected.

If you're a tenant or a landlord, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 191, San Diego, CA, 92112. Or you may e-mail them at rgriswold@retodayradio.com

Back to 1997 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

FHEO Logo

Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com