Out of Reach | Prospective Tenants Get Left Behind When Rental Housing Market Gets Tight

Robert Griswold, Steven R. Kellman, and Ted Smith
12-Jul-1998 Sunday

This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of "Real Estate Today!" (KOGO Radio, AM 600, 1 p.m. Saturdays) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: My landlord decided to sell the house I'm living in and has given me a 30-day notice to leave. Now, I'm having trouble finding anything else. By the time I look at something, it's already been rented. Any advice on how to get to the top of the list?

A: Griswold: You can present a list of qualifications with letters of reference from previous landlords. Obviously, you should get a current copy of your credit report from each of the three main credit reporting bureaus and make sure that all incorrect information is removed.

You could also offer to provide a larger security deposit or sign a longer lease. Most landlords will gladly trade the security of a longer lease for the loss of potential rent increases. But you could also offer to agree in advance to a reasonable rent increase during the term of the lease.

The bottom line to get to the top of the list is be the best qualified tenant. Good luck!

Kellman: It's a very different rental market today compared with only one year ago. Then, the trick was finding just the right home. Now, in many cases, it is finding any home.

This is happening to all rental applicants, not just you.

The advice to get to the top of the list is basic but effective.

Try to be the first to apply. Be complete and honest about your information when filling in the application.

If you have a bad-credit history, have an honest explanation ready for any negative entries. You may need to go back to prior landlords and resolve any outstanding obligations or disputes. Offer copies of your current timely paid bills such as telephone, utilities, cable TV, etc.

Be prepared to explain why you would be a very good tenant. If there is some unfavorable information that should go in the application, it is better to disclose and explain it rather than have a misrepresentation discovered later.

Q: A rumor is going around our complex that the landlord soon no longer will allow pets when leases come due. Can the landlord do that? I don't know where my cat and I will move to if true. When tenants were scarce, tenants with pets were welcome; now, I feel like we're getting the bum's
rush.

A: Griswold: The landlord can give you a 30-day notice to change the policy regarding the acceptance of pets at any time.

The only exception is for tenants with companion animals that have been prescribed by a licensed medical professional under the specific terms of the Americans with Disabilities Act.

While many landlords are taking advantage of the increased demand for rental housing to eliminate pets and make rental standards more strict, there are still owners who realize that pet owners can be very stable and good long-term tenants.

I suggest that you do two things.

First, directly contact the landlord and inquire about the policy. To play it safe, see about extending your lease under the same terms to protect your rights regarding pets.

Second, begin to identify alternative properties that are receptive to pets. It will possibly take longer to find a new home, but there are still many landlords who will gladly rent to responsible pet owners.

Kellman: A landlord may change a policy from allowing pets to one of "no pets." Since it appears that your lease allowed for pets, the landlord may simply change that term in a new lease. Even in a month-to-month tenancy, a simple 30-day notice changing terms of tenancy may have the same effect.

There are exceptions under Fair Housing laws. If for example, you needed a dog due to a disability based on being visually impaired, the dog stays.

We have yet to see these laws tested as to whether they will protect people who feel their pets are emotionally therapeutic to them.

Without this legal protection, you may be forced to either decline the new lease and move or sign the new lease and get rid of your pet. The hotter rental market knows many victims, people and pets alike.

Smith: Like it or not, with limited exceptions, the landlord has every right to prohibit pets in residential rentals. At last check, our furry friends do not have substantial constitutional rights.

You might think the landlord is being arbitrary by refusing to take your pet. But, it's clear that, generally speaking, pets increase the wear and tear on a rental, frequently requiring defleaing, deodorization, and even carpet replacement after the pet leaves.

Q: With rents going up, three friends and I thought we could pool our resources and try to rent a nice house instead of a typical apartment. When I asked a landlord if he would rent to us, he laughed and said no way. Can he do that?

A: Smith: California landlords have the right to rent to whomever they want to, but they can't discriminate. The landlord can't discriminate based on your status as four single people.

Still, he has the right to look carefully into each of your rental histories, credit and employment to determine any rental risk involved. When the landlord stops laughing, try to convince him that despite what he thinks, you do not intend to use the rental unit as a sequel to "Animal House."

Kellman: Under Fair Housing Laws, a landlord may not discriminate based on several characteristics including familial status.

In a rental application, there is no difference between you and your three roommates and a married couple with two children applying for the rental. Both applications should be treated equally as four persons applying for the rental. Factors in consideration would be rental history and credit strength.

Four employed single roommates may actually present a more powerful application than two employed adults (a married couple with children).

It is illegal to unlawfully discriminate and deny a group of single people the opportunity to rent a unit based on their single status. Such a policy may subject a landlord to be held to pay damages and penalties in a legal action. If this landlord continues with his "policy," he may not be laughing for long.

Griswold: The attorneys have dealt with the legalities. Practically speaking, your landlord is laughing because he has probably been the victim of such a rental strategy in the past. With four individuals, you should present stronger financial resources, but you must address the common, everyday fears of the landlord.

You may have four cars, four sets of friends, four different schedules that lead to more complaints from neighbors. I am sure you see the concern. These are the issues you should consider and present honestly to a potential landlord.

I think your idea makes a lot of sense from your point of view. Look at it from a landlord's point of view and find a reasonable solution to these common concerns and your plan should work.

Q: A few things need fixing in our apartment, such as a broken refrigerator shelf and the fan on the stove. My wife says don't bother the landlord, especially when rents are on the rise. Her attitude is to keep a low profile and perhaps they'll keep our rent where it is. Is this a good strategy?

A: Kellman: With rents on the rise and available units in short supply, it is no wonder why tenants feel threatened in their own homes.

Not unlike living in a country where you can be punished for expressing your ideas and opinions, tenants can be punished for expressing theirs.

This intimidation reaches into homes where the "trouble" may be simply asking for a necessary repair to be made.

While not necessarily true for all landlords, the reality is that many landlords are less tolerant of tenants now than before the market changed.

Of course, tenants should feel free to assert their rights, including having necessary repairs done by the landlord, without being intimidated into keeping a low profile. If all tenants choose to assert their rights, there will not be much incentive to evict or retaliate against you for asserting yours.

Smith: From the landlord's perspective, I think your wife has a good strategy. You could approach the landlord in a non-demanding way. The refrigerator shelf and stove fan are not items of substantial habitability. We all can agree on that.

Most landlords, however, are willing to make small repairs, and will not retaliate for putting them on notice. These defects could be addressed informally, but don't make the mistake of withholding rent if the landlord refuses to make these repairs.

Griswold: Remember, you do have the legal right to request these repairs even if they are not habitability items. I believe that a sincere and caring landlord will be glad to quickly correct the problems. It is my experience fielding calls from landlords and tenants each week on "Real Estate Today!" that unfortunately your wife has accurately identified a very common landlord's response to the tenant's requests for repairs.

The more calls you make, the more of a "problem" you become and thus the more likely it is that you will get a rent increase.

Remember the saying "the squeaky wheel gets the grease" . . . How about "the complaining tenant gets the rent increase"? I think that you should seriously consider finding a new landlord who looks at your request for maintenance as a sign that you truly care about your rental home. There are many landlords that would love to hear about these minor items now rather than deal with a disaster upon move-out. Find a new landlord who is as concerned about his property as you are!

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

Attorneys Ted Smith and Steve Kellman will join Robert Griswold Saturday for a live edition of Rental Roundtable on Griswold's weekly radio show, Real Estate Today! Tune in from 1 to 3 p.m. for a chance to ask the columnists questions on tenant/landlord legal issues and receive tips and reminders. The show is broadcast on KOGO-AM (600). The show's call-in number is (619) 569-8255. For more information, call (619) 597-6100.

Back to 1998 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