Mending of Fences is in Order; Who Pays for It is the Question

04-May-1997 Sunday
(Page H-5 )

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. AM-1130) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: I live in a small trailer park that has a wooden perimeter fence that is very old and weathered. Many of the boards are broken, loose, missing or splintered. I feel that this is a safety hazard to my children and other residents. When I complain to the owner, he replaces some of the boards but only with similar old boards from other fences at other trailer parks he owns. Is it reasonable to ask them to properly repair or replace the fence? In the past, the owner has blamed my children for the damaged fence. Can he force me to pay to repair or replace the perimeter fence?

A: Smith: The trailer park landlord cannot force you to repair or replace the wooden fence. By the same token, however, you may not withhold rent based on his failure to properly take care of the fence. The fact that it is dangerous puts him at increased risk for injury claims -- a fact that his insurance carrier would not be happy with. He blames the children, but he'll have to prove with solid evidence in a court of law that the children are, in fact, breaking the fence. Try to get together with the other trailer park residents and the landlord to work out this problem. Perhaps the costs for repair and replacement could be shared between park ownership and the residents.

Q: I recently inquired about renting at an upscale apartment community and was shocked to see the proposed charges since I have a cat. I was quoted a rent, but told that I must pay an additional $10 per month for "pet rent." Furthermore, in addition to the $300 refundable security deposit, I was told that I had to pay a $150 refundable pet deposit and a $100 nonrefundable pet cleaning fee. This seems unfair as other apartments I toured did not quote these fees. Is this legal?

A: Kellman: Charging "pet rent" is probably a legal charge since pets may cause additional wear and tear to a rental. However, the charge may not be proper if the pet is medically required as a aid for a disability, such as a dog assisting someone who is blind. If "pet rent" is charged, it may be more difficult for a landlord, upon moving out, to deduct pet damages from your security. In that case, it can be argued that the extra wear and tear was covered in the extra rent preventing such a deduction from the deposit. The extra $150 "pet deposit" is actually an addition to the security deposit. The law makes no distinction as to deposit titles and lumps them all as one refundable deposit, which cannot exceed two times a month's rent in an unfurnished unit (three times in a furnished one). The $100 "nonrefundable" fee would add to the general security deposit and would be refundable regardless of what the contract said. Nonrefundable deposits are prohibited.

Q: I was recently told there was a new law passed Jan. 1 that prohibits a landlord from charging more than 30 days rent after I move out even though my lease does not expire for six more months. Is this true?

A: Griswold: No. There were no new laws passed concerning termination of a tenant lease. The law remains that a tenant is responsible for the balance of the lease if he or she vacates prior to its expiration unless the lease contains any early termination clause or another agreement is made with the landlord. The landlord must mitigate the potential damages by making an attempt to re-rent the unit. The landlord cannot collect double rent so the tenant is responsible for the actual rent loss and the reasonable additional costs of advertising the unit. These amounts can be deducted from the security deposit, which otherwise should be handled in the normal manner.

Q: I am looking for an apartment and the rental market seems very tight in the coastal area. A couple of managers have indicated that I should sign the lease right away or I will lose the apartment. A friend of mine told me that if I sign the lease I am legally obligated, but I thought that California law allows me three days to change my mind. Please give me the proper legal advice.

A: Smith: Once signed, you will be legally bound by the lease, even if you have not yet moved in. A common myth is that there is a three-day recision period during which the tenant can cancel the signed lease. This is not true under California rental housing law. There are other types of consumer contracts that can be rescinded legally. They include door-to-door sales, mortgage loans, and home improvement contracts, but not rental housing leases or rental agreements.

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