Dear RenTalk,
I applied for an apartment and was told that since
I have kids, we could not live on the second floor.
The manager said it would be too noisy for the man in the apartment
below. Since there were no first
floor apartments for rent, the manager told me not to apply.
This seems really unfair. Can
managers do this?
-Mother of 3
Dear Mo3,
The answer to your question is no. Families with children are protected under the Federal Fair Housing Act. This means that you cannot be denied housing or treated differently in housing because you have children. What happened to you is called steering. Steering occurs when a landlord, manager, or owner tries to force a family with children to live in a certain part of a complex or neighborhood. Even if the manager feels that the rules are for safety (no children in units with balconies) or for the benefit of other tenants (no children upstairs to prevent noise), steering is unlawful.
Dear RenTalk,
I am partly deaf and have a dog that helps me with my day-to-day activities. I’m having a hard time finding an apartment that will allow me to move in with my dog. What should I do?
-Dog’s Best Friend
Dear Dog’s Best Friend,
The Federal Fair Housing Act protects people with physical and mental disabilities. One of the protections offered is called a reasonable accommodation. A reasonable accommodation is a change in the rules for someone who can prove they are disabled and that they need a change in the rules to enjoy the property the way a non-disabled person would. Allowing a service animal in a complex or unit that would usually be pet-free is a classic example of a reasonable accommodation. Here’s how you should go about requesting a reasonable accommodation:
1. Let the housing provider know that you are disabled. You do not have to describe the nature of your disability.
2. Put your request in writing clearly stating what you need from the housing provider (i.e. to be allowed to have a service animal in a no-pets unit).
3. Include a letter from your doctor, therapist, or social worker stating that you are in fact disabled and that you need the specific accommodation you are requesting.
Housing providers are required to consider all requests for reasonable accommodations.
Dear RenTalk,
I recently moved from my apartment about three months ago and haven’t received my security deposit back in the mail. I left the place in good condition, yet I have not heard anything from the landlord. What can I do to get my deposit back because I really need the money right now?
-Need Help
Dear Need Help,
According to California Civil Code 1950.5, a security deposit must be returned and/or accounted for within 21 days after a tenant has vacated. There are a few remedies you can use to try to get your deposit back. You should first try sending “demand letter” requesting that your landlord return your deposit. If the “demand letter” fails, you can always take legal action against your landlord in Small Claims court.
Dear RenTalk,
I am a landlord and I am not sure what kind of notice to give my tenants. The tenants are in constant violation of their rental agreement and are a nuisance to the property. Some tenants have even moved from the property because of the “problem” tenants. At this point I cannot afford to lose another tenant. I have notified these tenants several times in writing about the violations but they have not changed their ways. What can I do to get them out of my unit?
-Landlord, Castro Valley
Dear Landlord,
According to Senate Bill 1403 (effective January 2003), which amends California Civil Code section 1946.1, a 60-day written notice must be given to terminate a tenancy of one year or longer for fault or no fault termination. If the tenants have been in the unit less than one year, all that is required is a 30-day written notice to terminate a tenancy.
Please send your questions regarding rental housing to RenTalk c/o ECHO Housing 770 A Street Hayward, CA 94541 or call (510) 581-9380.