Publication Date: Friday, December 30, 2005
Chimney needs cleaning
Chimney needs cleaning
(December 30, 2005) Can tenant force landlord to pay for it?
by Martin Eichner
Q The house I recently rented has a fireplace. There is a lot of black soot covering the brick facade and I think the chimney needs cleaning. The fireplace is our only source of heat but when I requested the landlord to schedule a cleaning, he said no. What can I do?
A California law requires a landlord to provide habitable premises. That requirement includes adequate heat. According to Section 701 (a) of the Uniform Housing Code for the State of California, heating facilities must be capable of maintaining a room temperature of 70º F at a point three feet above the floor in all habitable rooms. Therefore, it would seem that a fireplace couldn't be the only source of heat. If by chance the fireplace meets this heating requirement and can be designated as a valid heat source, then Civil Code Section1941.1 may require the fireplace be cleaned. This statute addresses a number of items that are required for a property to be considered habitable including safety factors.
Here are your options: 1) Contact your landlord, in writing, and request a cleaning based on 1941.1, or 2) contact your local housing inspector or officer to determine the correct status of the fireplace. If the landlord continues to decline the cleaning request after a reasonable period of time, not to exceed 30 days, notify the landlord that you will pay for the cleaning and deduct the cost from the next month's rent as long as the cost does not exceed one month's rent. In this case, the landlord may disagree with you and serve a three-day pay rent or quit notice that could result in the negative experience of defending yourself against an unlawful detainer lawsuit.
A better option for you is to discuss the matter with the housing mediation program for your area. They will explain in depth your options and the best approach for resolving this housing matter.
Q My former tenant wants his security deposit refund in certified funds -- either a money order or a cashier's check. I've always used a personal check for deposit refunds. If there is a refund due the tenant, can I use a personal check?
A Unless the tenant's rental agreement states that any deposit refund will be settled by certified funds, you can continue to use your personal checks. If there are deductions from the deposit, be sure to send an itemized statement listing those deductions as well as receipts for any deduction over $126. Contact your local housing mediation program for more information.
Q The new manager at my apartment complex called me to say that anyone who uses the computer room facilities must be at least 6 years old. He said my 4-year-old daughter could no longer be in the room. My daughter has been using the computer room for about a year and sometimes I'm with her and sometimes I'm not. Can the new manager enforce this rule against my daughter?
A State law prohibits discrimination in housing and housing-related services based on age alone, and both state and federal laws prohibit house rules that overly restrict children's behavior. Everyone is subject to basic health and safety rules regardless of age. The age discrimination prohibition is intended to allow everyone over the age of 18 to have equal access to housing opportunities. A staff member of the California Department of Fair Employment and Housing (DFEH) has offered the opinion that the age discrimination provisions do not protect you and your young computer user. The "familial status" protections under the law require scrutiny of rules, which specifically target children. Generally, they must be based on health and safety codes (such as pool rules that require supervision for children under 14). The 6-year-old age minimum for computer use appears to be justified because management has a right to assume that a younger child might not be able to use the computer safely.
Project Sentinel suggests that you have a discussion with your new manager about your daughter's ability to use the computer. If the manager is concerned about your 4-year-old being left in the computer room, perhaps you could offer assurances that you or a designated baby-sitter will always be with her. This may or may not satisfy the manager's concerns. If not, your daughter may have to find somewhere else to use a computer until she's 6.
Q I own several rental complexes and have always settled all security deposits within the required 21-day time period. I will be out of the country for three months next year and won't be able to honor the 21-day rule if a tenant moves during the time I'm away. Would the 21-day rule still apply to me?
A California Civil Code Section 1950.5 states how a security deposit is to be settled. We believe it is very unlikely that your personal travel plans would be viewed as a valid excuse for you to miss the 21-day requirement, although ultimately that decision would be up to a small claims court judge. To avoid possible legal action during this time that could result in a judgment of three times the amount of a deposit, you could hire a management firm to handle your rental affairs while you are out of the country.
If you decide to do this, send each of your tenants a notice with the management company's name, address, telephone number, contact person, as well as the time period this arrangement will be in effect. If you are not willing to hire a management firm, you should make other arrangements to meet your obligations under Section 1950.5, such as giving legal authority to a family member for that time period. For more information, contact your local housing mediation program.
Martin Eichner edits RentWatch for Project Sentinel, an organization founded in 1974 that provides landlord tenant dispute resolution and fair housing services in Northern California and administers rental-housing mediation programs in Palo Alto and Mountain View. Call (650) 856-4062 for dispute resolution or (650) 321-6291 for fair housing.
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