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Delinquent renter makes eviction difficult

By Robert Griswold, Thursday, December 9, 2004.

Question: We own a rental home and rent out several rooms. One of the tenants just moved in last month and signed a six-month lease. These are standard, boilerplate lease forms that we got from Professional Publishing in Novato, Calif. At the time this tenant signed the lease we asked him for first month, last month and a security deposit. He told us he couldn't pay the entire security deposit or any of last month's rent upon move-in but he was getting paid commission soon and would pay the rest of the security deposit and the last month's rent in two weeks. more...

No-dog provision violates tenant's rights
By Robert Griswold, Monday, November 29, 2004.

Question: I live in an apartment building that only allows cats, but no dogs. My daughter wants to visit me for two days and she has a little dog that she must bring with her. My manager says she can't even have it on the property even if she is just visiting. Can they do that?

Landlord's attorney Smith replies: more...

Unwelcome tenant spurs homeowner to legal action
By Robert Griswold, Thursday, November 11, 2004.

Question: My mother invited a "friend" who was down and out to stay with her while she got herself back on her feet. The "friend" turned out to be an extremely unethical, manipulative woman who is now refusing to move out of my mother's home after staying there for almost one year without paying any rent. My mother has asked her to leave and she has blatantly said "no." I want to know if she has any tenant rights. She has never signed a lease or paid even one dime of rent money. I would like to have the police department remove the woman. more...

Tenant seeks explanation of 'normal wear & tear' clause
By Robert Griswold, Wednesday, October 27, 2004.

Question: You've mentioned the phrase "normal wear & tear" several times in regards to replacing carpeting or painting in a rental. Is there a number such as 10 years for carpeting or every three years for painting? Does it matter if a family of four (plus pets) is residing in the rental or just a single Grandma?

Tenants' attorney Kellman replies: more...

Tenant seeks to break lease over property noise
By Robert Griswold, Wednesday, October 13, 2004.

Question: I am extremely unhappy at my new apartment. There are things about the apartment that I didn't know about. For example, I work extremely late at night on the weekends and get woken up to people doing laundry at 7 a.m. I was unaware that my bedroom was right above the laundry room; there are many other things that I am very unhappy about, is there anyway I can get out of my 1-year lease because of these things. Please help!

Landlord's attorney Smith replies: more...

Can tenant break lease to buy condo?
By Robert Griswold, Wednesday, September 29, 2004.

Question: Currently I am renting an apartment, but an unanticipated opportunity has arisen where I'm able to purchase a condo if I can just get out of the balance of my long-term lease. The lease states that if I terminate the lease early I must cancel in writing while paying the balance of rent due through my actual move-out date plus an early termination fee equal to one month's rent. Is there any way of getting out of this or at least reducing some of this cost? I know that there is a waiting list for apartments in the complex so it should be rented fairly quickly. more...

Snoring tenant may require electrical-system upgrade
By Robert Griswold, Wednesday, September 15, 2004.

Question: I have been living in the same apartment since January 1981. During that time, the building has had four owners. I think the building, a fourplex, was built in the '30s or '40s. I have a severe problem with snoring and I need to purchase a CPAP(Continuous Positive Airway Pressure)machine for sleep apnea as prescribed by my doctor. This machine requires a grounded electrical outlet, of which there is none in this apartment. Actually, my microwave and my computer also required grounded outlets, but I have been using adapters for them. more...

Homesickness overwhelms student's ability to pay rent
By Robert Griswold, Wednesday, September 1, 2004.

Question: My husband signed a 12-month lease for my daughter when she went off to college. Unfortunately, within her first two months away from home she developed severe depression and we sent her to both a psychologist and a psychiatrist, as she is unable to get out of bed even with medication. After talking with her psychologist we agreed we better bring her home to live with her for her own safety. She has had to drop all of her classes at college and before this had a 3.0 grade-point average. more...

Landlord's divorce causes rent-collection dispute
By Robert Griswold, Wednesday, August 18, 2004.

Question: For the last three years we have rented from a landlord couple and currently we are just month-to-month. Recently we have been informed that the husband-and-wife landlords are getting divorced. Both have called me individually and asked me to send the rent check to them directly. The wife hinted that if I didn't send it to her, she would give me notice. Each one has called a couple of times and it definitely feels like harassment. The husband sent me a letter stating his new address and a rent increase. They have put me in the middle of a messy situation. more...

Parking rules may violate tenant rights
By Robert Griswold, Wednesday, August 4, 2004.

Question: I am living in a large apartment complex and they recently changed the parking rules to state that no more than two cars per apartment are allowed on the complex. Also, all guests are no longer allowed to park onsite, as they must park out on the street even though unmarked spots are open. They are now issuing two stickers per apartment and will manage it that way. Would it be OK to ask a neighbor for one of their stickers and use it? I'm worried they would consider it a sublease and get my neighbor in trouble. Don't they have to allow onsite visitor parking? more...

Is tenant entitled to reimbursement for new appliances?
By Robert Griswold, Wednesday, July 21, 2004.

Question: I am currently renting a single-family home. When I moved in the appliances were in bad shape and/or didn't work properly. The bottom line is they were just outdated and old. So I replaced them with brand-new appliances, i.e., wall oven range, stand-alone range, refrigerator and dishwasher. According to my lease I should not have done this without the owner's permission. Now the owner is selling the property, which I do not intend to purchase. She is aware that the appliances were replaced. I have asked for some type of reimbursement for these appliances. more...

Tenant discount raises fair housing debate
By Robert Griswold, Wednesday, July 7, 2004.

Question: Where can I find a copy of the "Fair Housing Guidelines" for rentals? My landlord keeps referencing them when I want to speak to him about my new lease. more...

Tenants evicting tenants
By Robert Griswold, Wednesday, June 23, 2004.

Question: I have a month-to-month rental agreement for an apartment. I like my rental unit, except I have a roommate who constantly has violent fights with her boyfriend. We called the police on him a couple of times and she put a restraining order on him as well. This morning, Sunday, at about 1:30 a.m., I saw him go through the window to her bedroom and left the same way at about 8:30 a.m. I don't have any written agreement with my roommate and I am the only tenant on the rental agreement. I would like to give her a 3-day eviction notice, if that is legal. more...

Neglected pool incites health scare
By Robert Griswold, Wednesday, June 9, 2004.

Question: We have a pool in the center of the courtyard at my apartment community. It is cleaned only on Fridays and since the filtering system is never run, there is always algae growing in the pool by Tuesday. I am concerned that it is unhealthy to even be near the pool, nonetheless actually wade through the thick layer of green slime to get in. I am wondering what kind of recourse tenants have to get the pool cleaned on a more regular basis, especially in the summer? Should the health department be notified? more...

Notice to vacate leaves tenant scrambling for negotiation
By Robert Griswold, Wednesday, May 26, 2004.

Question: I am on a month-to-month rental agreement at an older rental house in a good area. I've just received a 30-day notice to vacate in the middle of the month. The legal notice states I must be out by the 20^th of next month and there is no reason stated. I suspect they want to remodel and charge a lot more rent with the summer season soon approaching. The landlord has not been honest so I actually do not mind moving. My concern is that the 20^th is not the most convenient time for me to move, as I prefer the 10^th of next month. more...

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