Tenant Abuzz at Thought of Worker Using His Razor

Robert Griswold | Steven R. Kellman | Ted Smith
08-Nov-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, 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 bathroom required some repairs because of a leak from the tub upstairs. It was done except for the painting. In the morning, after the painter left, I got up and discovered that someone other than myself had used my electric razor. I knew this because there were dried spackle prints on the outside and black stubble on the heads. My beard is red. The person I believe is responsible denies he used the razor, but said he dropped something on it, and picked it up to see if it worked. My question to you is what are my options, if any? My razor cost over $90 and I can't afford a new one.

A: Griswold: This sounds like a case for Judge Judy. While the owner and their contractors had a right to be in your unit to make mutually agreed-upon repairs, they did not have the right to tamper with your personal property.

If indeed they accidentally damaged your shaver, the courteous and proper business response would be to compensate you for your loss. Your legal options are limited to small claims court and I cannot imagine that it would be worth your time and energy. Your "damages" would be minimal for the loss of a 3-year-old electric razor. Even if you won, a judge would most likely only give you $20 to $25.

I would submit a bill to your landlord for sanitizing the razor (through a repair shop) and ask your landlord for a rent credit of $25.

Q: This may be more of an ethical problem than a legal one. I have been renting the same house on a month-to-month agreement for over 20 years.

Our landlady lives only a block away. Cats have always been allowed without a deposit. A few years ago my husband found a black Labrador puppy. After we were unsuccessful in finding the owner, we approached the landlady about keeping the dog and offered to pay a deposit.

The landlady was reluctant, but her husband convinced her to let us keep the dog, without having to give them a deposit. That was almost four years ago. Now all of a sudden, the landlady has decided she's afraid of our dog, which barks at her when she comes into our yard.

She is concerned that our dog is going to bite her or anyone who comes back there and she will get sued. Now she's asking for a deposit and tells us that the dog is never to be allowed in the back yard, period.

Our dog only barks at strangers and never has bitten anyone. This doesn't seem fair. Does she have the right to change the rules?

A: Griswold: You are right, This is more an ethical problem than a legal one because legally the owner can change the terms upon 30 days' written notice.

The owner can require a deposit or even require you to get rid of the dog. While it may not seem fair, the owner does have a legitimate concern of possibly being sued if your dog were to hurt someone.

Unfortunately, there have been incidents where a tenant's dog hurt someone and the landlord was sued. Good luck. Hopefully you can find a reasonable solution.

Kellman: No, it may not be fair and yes, a landlord may change some rules in a month-to-month tenancy, which may include forcing you to give up a pet or move.

While your landlady may have an arguably legitimate concern about the barking, she may also be overreacting. You may explain that some barking at strangers may be an added benefit of security for the property. You can point out the four years of trouble-free dog residency. You may wish to let her meet the dog (carefully) to calm her fears.

Explain that the yard is very important to the dog and keeping it in the house every day is really mean to your pet. In other words, reason with your landlady. She is probably afraid of the dog because she does not know what you know about your pet. Share that knowledge and try to dispel her fears.

Smith: Like it or not, the landlord does have the right to change the rules. Let me tell you why it is fair. As Robert points out, everything about your month-to-month tenancy can be changed upon 30 days' written notice.

For 20 years, your month-to-month tenancy gave you -- in the back of your mind -- the freedom to know that you could pull up stakes and vacate with notice. You gain no further rights just because you've lived there a long time.

It's fair because there's a whole world of difference between a cat and a territorial Lab who may growl and intimidate visitors to the property, including the landlady.

The bottom line is that she can make the dog go, because California landlords do have the right, with limited exceptions, to prohibit pets in residential rentals.

IF YOU'RE A TENANT OR 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 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold@retodayradio.com.

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