Housekeeping Habits Critiqued

QUESTION: Recently, my landlord repaired my dishwasher while I was at work. A few days later, I received a letter complaining that my housekeeping habits were not acceptable. I resent his intrusion. Since he was only in my apartment to fix the dishwasher, was he allowed to inspect my apartment?

ANSWER: According to California Civil Code Section 1954, there are several situations in which a landlord can enter rented property--one of which is to make agreed upon repairs.

In your case, the landlord had access to your apartment to perform repairs; the inspection was at his own initiative.

Landlords are not entitled to enter a rental unit to inspect property at will, although they may request to enter to evaluate maintenance needs and to ensure there are no major problems. The timing and frequency of these evaluations should not intrude on a tenant’s privacy.

Unless a tenant’s housekeeping habits are creating a safety or health problem, landlords should restrict the evaluations to items such as building structure, pipes, electrical wiring, drains, walls and, possibly, appliances.

Most rental agreements have a clause that tenants have the obligation to report such problems, and in any event, you should always report problems, as they occur, to management.

We suggest that you discuss this issue with your landlord and offer to report any repair or maintenance concerns as soon as they become apparent. Your offer could eliminate any fears he may have regarding the property’s condition. If you and your landlord continue to disagree on this issue, contact your local mediation program for assistance.

It Doesn’t Matter Who Ended Tenancy

Q: The duplex I live in was just sold, and I received a notice to move in 30 days. The owner says she will refund my deposit after I move and she does an inspection of the property. A friend told me that since I was given a notice to move, the owner can’t withhold any money and I’m entitled to my entire security deposit back. Is this true?

A: No. The amount of security deposit refunded when a tenancy ends has nothing to do with who gave or received a 30-Day Notice of Termination of Tenancy. Deposit refunds are regulated by California Civil Code 1950.5.

This code states that a landlord may use money from a deposit for any necessary cleaning, repairs, damage or unpaid rent.

An itemized statement that details any deductions from the deposit, and all money remaining to be refunded must be returned to the tenant within 21 days following the last day of occupancy.

If your rental agreement states a time less than 21 days, then your landlord must honor that rental agreement requirement.

Landlord Only Needs to Give 30-Day Notice

Q: After paying my rent this month, I was handed a 30-day notice to move. I don’t have a lease. Since my rent is paid for the next 30 days, doesn’t my landlord have to wait a month before asking me to move?

A: As a month-to-month tenant, you can receive a 30-day notice to move at any time during the month, even if you’ve just paid rent.

According to California Civil Code section 1946, a landlord must give their tenants a notice to move that at least equals the length of time between rent payments.

Since you pay the rent every month, you must receive no less than 30 days notice to move unless both you and your landlord agree to a shorter period of time.

If you don’t want to move, you may consider talking with your landlord about canceling the notice. If he or she does not agree to cancel the notice, maybe your landlord would be willing to extend the notice to give you more time to find new housing.

Should the landlord agree to cancel or extend the 30-day notice, you should request a written confirmation. If the landlord is not willing either to cancel or to extend the notice, you will need to move by the end of the 30 days.

If you don’t move, your landlord can begin legal action for eviction. Perhaps your local housing program can help the two of you work through and resolve this matter.

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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212, or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (888) 777-4087

Carson: (888) 777-4087

El Monte: (626) 579-6868.

Hawthorne: (888) 777-4087

Lancaster: (888) 777-4087

Long Beach: (562) 901-0808

Pasadena: (626) 791-0211.

Redondo Beach: (888) 777-4087

San Fernando Valley: (818) 373-1185.

South-Central Los Angeles: (213) 295-3302.

Westside Los Angeles: (310) 474-1667.

Orange County: (714) 569-0828.

San Bernardino County: (909) 884-8056.

San Diego County: (619) 699-5888.

Ventura County: (805) 385-7288