Rent Watch Rent Watch (December 03, 2004)

Q: I own a small apartment complex. I want to change from month-to-month agreements to one-year leases for those tenants who wish a longer commitment. Additionally, since I haven't increased the rents for almost two years, I also want to raise the rents. What steps should I take to accomplish the conversion and the rent increase?

A: You first need to identify the tenants who are willing to convert to long-term leases. Each tenant must be given at least 30 days to decide whether to change. Remember that once a lease is signed, conditions cannot be changed for the period of the lease.

Once you have identified the tenants, prepare new lease agreements that state the time period, the new rent amount, and any other changes you are making to their tenancies.

When designating the time period, be sure to allow for sufficient time if the rent increase is under or over 10 percent. If 10 percent or under, the increase requires an advance notice of 30 days. Increases of more than 10 percent require an advance notice of 60 days.

For those tenants who decide to stay with their current month-to-month agreements, you can prepare a written 30/60-Day Change of Terms notice for the rent increase and any other changes you wish to make. Again, the under or over 10-percent rent increase rule dictates the amount of advance notice, either 30 or 60 days, you must give the tenants.

Q: A current tenant now has a small child living with her. Can I ask the tenant to complete an application so I can obtain information and references about the child?

A: A landlord certainly has the right to know who is living in his or her property, but you need to ask yourself, "What is my business justification for seeking this information?" If it is your practice to require all your tenants' applications list everyone who is living in the unit as well as the information you are now requiring regarding this child, you can probably ask that application forms be updated when new children are added to a current household.

However, if you don't have a credible justification for seeking additional information about this child, you will create the impression that you are trying to burden this tenant because she has a child. Such an unreasonable burden would constitute discrimination based on family status.

Q: I rent a cottage that has a small yard and garden. The property owner comes into the yard almost daily to do yard work and water the garden. She is also using chemical sprays, which affect a lung condition I have. What can I do to keep her out of my yard?

A:First, check your rental agreement to verify that your rental premises clearly include the yard and garden. A landlord cannot enter your rental premises, including the yard, for any reason without giving 24 hours written notice and obtaining your consent to enter.

However, even if the landlord gives proper notice, the limited reasons for entry permitted under California law do not including gardening. The restrictions on the landlord's right to enter cannot be waived in a lease or rental agreement. Therefore, unless you give specific consent, the landlord cannot enter to perform gardening.

Regarding the use of chemicals, California fair housing laws entitle you to request a reasonable accommodation from your landlord, specifically to avoid using or applying chemicals which may impact your medical condition. You can request an accommodation, preferably in writing, and if the landlord asks, provide her with a letter from a medical provider documenting your need for this accommodation.
Question for Rent Watch? Call Martin Eichner at Project Sentinel (408) 720-9888. Copyright 2004 Project Sentinel

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