Three Books the Law-loving Landlord Should Have

Three Books the Law-loving Landlord Should Have

Robert Griswold | Stephen R. Kellman | Ted Smith
20-Dec-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: Where can I find a good reference book on California tenant-landlord law? I have tried several well-known bookstores to no avail.

A: Griswold: Three books immediately come to mind. Two are from Nolo Press: "The Landlord's Law Book, Volume 1: Rights and Responsibilities" by David Brown and Ralph Warner; and "The Landlord's Law Book: Volume 2: Evictions," by David Brown. You can contact Nolo at (800) 992-6656 or through its Web site at http://www.nolo.com. Another book you should have in your library is the "Gold Book" published by the California Apartment Association. It is available locally at the San Diego County Apartment Association offices in Mission Valley (619-297-1000).

Q: About six months ago, my landlord installed low-flow toilets. When the plumber installed mine, the footprint of the old toilet was larger than the new one. This left an unsightly caulk mark where the toilet had been. And the plumber cracked the sheet vinyl flooring.

I am concerned that the owner will charge me for this damage by deducting money from my security deposit when I move. This isn't my problem, is it?

A: Griswold: No. You should not be charged for damage caused by workmen employed by the owner. Contact the owner immediately and explain the situation, and offer to show him the damage. Then be sure to document your conversation in writing and take some photographs (preferably with a camera that records the date) and brief notes to protect yourself should the owner attempt to charge you when you move out. Such documentation is much more reliable than friends' or neighbors' testimony.

Q: I recently was declined after filling out an application to rent an apartment. The rejection was based on the approval process of a small local credit screening company.

On the application I provided two previous landlords (both were two-year leases with no problems), my employer (for more than three years), my salary (which never was verified, according to our personnel department), and similar information.

Also, my current landlord of more than two years was not contacted even though I completed an authorization to release information. I was quite shocked that this company also refused to provide any response either via fax or in person.

Now I am out the application fee and the apartment I had intended to rent was leased to someone else. Do I have any recourse? I do not think the credit screening firm really looked at any background and that I was "denied" inappropriately.

A: Kellman: Under a relatively new law, you are entitled to a free copy of the credit report for which you paid the application-screening fee. You can then see what information was obtained in that credit report which may have been the basis for the denial. It is up to you, however, to request a copy of this report.

The decision to rent the unit to you must be based on economic and credit factors. Other factors like rental history may be considered but, believe it or not, may be ignored. While that seems to make no real sense, a landlord is not required to check prior landlords for references. The logic for this is that some believe past landlords may not say anything negative for fear of legal complications, such as claims of defamation. Thus, their references would not be useful.

To do a legal screening, factors like income, credit history, bank account status, assets etc. are the permissible areas of information to use to make a decision to rent a unit to an applicant. You may not be denied based on the usual discrimination factors (race, religion, ancestry, national origin, familial status, gender etc.) Also, you may not be denied based on more subtle factors such as the type of job you have, the number of people in your family, your clothing, language preference, sexual preference.

If you were denied the rental, and you can see no economic reason for it, then there only remain noneconomic ones, which could be an example of illegal discrimination. You are protected from such illegal conduct by federal fair housing and state anti-discrimination laws. You may contact the Department of Fair Employment and Housing along with the San Diego Fair Housing Council for more information.

Smith: California landlords have the right to screen prospective residents regarding credit, income and tenant history. You have no case if the landlord's screening has followed uniform policy and Fair Housing guidelines. I will agree that you are legally entitled to be notified in writing stating the reason you were declined.

For discussion, let's assume it was based on a negative entry in your credit report. You have the right to a free copy of your credit report under the Fair Credit Reporting laws. But the apartment manager is not responsible for any error on your credit report. You will need to clear up any mistakes with the credit-reporting agency.

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