Tenant Wants a Solid-core Door; Landlord May Have to Give It to Him

15-Jun-1997 Sunday
(Page H-12 )

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: I live in an 11-unit apartment complex. Our front entry door is a hollow-core door. These doors are not very secure and are showing serious signs of weathering due to age. I have asked my landlord for a new door and was denied. My neighbor even offered to pay for a new solid-core front door and was denied. Are there regulations regarding exterior doors on rental units? If not, what can I do about getting a new door?

A: Griswold: The Uniform Building Code (UBC) addresses the legal requirements and regulations concerning issues such as the required materials for your dwelling, including the front door.

A hollow-core front entry door does not meet the current UBC requirements for new construction. However, the UBC may not have been used in your area when your apartment unit was built.

While the UBC is now incorporated into the regulations of most planning and building departments throughout California, be sure to verify the code requirements for your building.

Assuming that the UBC is the standard for your building, I would strongly suggest that you contact the owners in writing and put them on formal notice that your front door is deteriorating and it should be replaced at once with a new solid-core door per the UBC.

If the owner fails to respond, you can either contact your local code-enforcement officer or consider using the "repair and deduct" statutes (California Civil Code, Section 1942), which would allow you to replace the door and deduct the cost from your next rental payment.

Q: We were recently transferred to San Diego and are looking to buy a home. In the meantime, we are staying at a motel. The motel recently changed owners and we are concerned that they won't honor our rental agreement and will evict us. Can they do that?

A: Kellman: The new owners are legally bound to honor the rental agreement you had with the prior owners. When a property is sold, the rental agreements and leases, along with the security deposits, transfer to the new owners.

The question here is what type of rental agreement did you have?

If you are staying at a motel, you could have various rental agreements. For example, if you are paying week to week, it may be a week-to-week agreement that can be terminated on a seven-day notice.

If you pay once a month, it could be a month-to-month agreement that can be terminated with a 30-day notice.

It would, of course, be best if you could have your agreement put in writing to avoid uncertainties and concerns about your situation. Once you stay at a motel at least 30 days, you become a tenant by law, and the landlord must use the courts if he wishes to evict you.

Q: I have always been rather casual about renting the back unit of my duplex and never bothered to use a written agreement. Is this legal? Must all rental agreements be in writing?

A: Smith: No, month-to-month rental agreements and leases of less than one year may be oral or written. With an oral agreement, nothing is written down. The landlord and tenant talk things over and come to an understanding. Some owners (like you) prefer oral agreements because they have fewer rules than other agreements. On the other hand, the owner and tenant might remember things differently later, so it is better to put the agreement in writing.

Griswold: As a property manager, I must adamantly caution both owners and renters against oral rental agreements, even if the owner and renter know each other very well or are related.

A rental agreement or a lease is a complicated transaction with important rights and responsibilities for both parties. Attorneys (like Ted and Steve) spend a lot of time in court discussing and debating the rights of their respective clients even with a written document.

Can you imagine the time and expense of a legal action when the terms of the agreement are strictly based on what the landlord and tenant remember and mutually agree upon?

So while it may be legal to have an oral month-to-month rental agreement or lease less than one year, I would always advise a renter or landlord to use only a written agreement.

Unless you like to live dangerously, put it in writing!

Q: Recently my tenant moved out of a rental home after four years. In addition to not moving on time and leaving the home filthy, I found water damage behind the toilet, which has caused damage to both the floor (warped wood) and the wall (destroyed the drywall). I am concerned that there may be significant structural damage to the home. This damage did not happen overnight, and I would have taken care of it immediately had I been notified. Can I hold the former tenant legally responsible for some or all of the cost of these repairs?

A: Kellman: The tenant is responsible to act reasonably in the care of rental property. The law imposes a duty on the part of the tenant to be somewhat aware of the conditions in the rental. This does not imply that the tenant must make regular inspections of the plumbing system scouting for leaks. It does, however, mean the tenant must report leaks he knows about. This certainly includes notifying the landlord of any obvious leaks in a bathroom.

If the tenant knew about a leak, allowed it to persist without any repair efforts or notice to the landlord, he or she may have some liability for the damages.

Your leak occurred over a period of time. It could have been a very slight leak that was not easily seen. Thus, if there was a very slight leak, and the tenant did not know of it, there probably would not be any liability on the tenant's part for the damages.

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.

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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