What Landlords Can--and Can't--Report

L.A. Times Archives

Jan. 31, 1999 12 AM PT

From Project Sentinel

Question: You seem to recommend careful verification of tenants’ backgrounds before allowing a tenant to move in, but few of my fellow landlords seem willing to talk freely about how this is done.

What can I ask, and what kind of references can I give safely for my former tenants? Years ago, I used to answer all the questions from other landlords, such as “Were they quiet people?” “Did they take care of the property?” “How did they leave the apartment?” and “Did they pay rent on time?” Nowadays, I am afraid and do not want to create any problem or expose myself to possible legal action.

Answer: As is the case with employment, giving or interpreting tenant references has become a complex and sophisticated process. Many people fear liability and therefore refuse to volunteer critical information. However, providing references can be helpful not only to other landlords but to tenants as well. A tenant without references has a harder time finding housing.

What information should be shared? Mostly, factual, non-contestable and objective information, such as length of the tenancy and payment record can generally be provided safely. This kind of information does not violate your tenants’ right to privacy and can be helpful to them in securing a new apartment.

Avoid answering questions that seem too personal or invasive. Also, do not release any information about a past or current tenant unless you have a written authorization to release such information on file.

To select responsible tenants, landlords should try to corroborate several sources of information: most recent landlord, previous landlords, credit record and job history.

The credit report will also list judgments against the tenant, if any. By putting together this information, you should be able to assemble an accurate picture of your potential tenants.

Landlord Must Banish Annoying Roof Rats

Q: We recently rented a house which, it turns out, has roof rats. When we looked at the home, it was daylight and there was no evidence of rodents. But from the first night, there has been a lot of scampering noise, and a friend identified the source as roof rats.

We reported this to the owner, who seems reluctant to do anything. Whose responsibility is it to cure this problem?

A: It is the owner’s responsibility. California Civil Code Section 1941.1(f) states that the landlord is obliged to keep his or her residential properties “. . . clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin.”

Thus, it is the responsibility of your landlord to comply with this code by exterminating the roof rats. The owner should also eliminate any entry points for pests, such as cracks or holes in the walls, floors or roof. In the case of roof rats, it is also a good idea to trim trees close to the house as roof rats commonly use tree branches to gain access to a house.

Mediator Can Tackle Tenant’s Hygiene Woes

Q: I have a tenant who has poor personal hygiene. As a result, she and her apartment have a terrible odor. I have tried talking with her about my and her neighbors’ concerns to no avail. She says her personal habits are her own business. What can I do? Her neighbors are moving out.

A: You could attempt to use the court system to remove her or persuade her to solve the problem on her own. However, under the fair housing laws that prohibit disability discrimination, your tenant may be entitled to some leeway if she has a disability that prevents her from bathing. For example, some individuals with severe skin conditions are unable to bathe frequently.

You may also want to try your local mediation program. Mediation is a process that would allow you and the tenant to sit down with a trained mediator and would allow you to relay your concerns to your tenant and allow her some input into the solution. The mediator will be a neutral third party who will guide the meeting. Hopefully, this will lead to an amicable solution to the problem.

Fire Safety Expenses to Be Paid by Tenant

Q: A tenant who lives in a house I own has been running a small child-care home for the last six months. I now realize that she must be licensed through the state. Shortly after I informed the tenant of this, she told me that to comply with the licensing requirements, she needed to have a smoke detector and fire extinguisher installed in her unit. She asked that I pay for the installation. Am I required to do this?

A: Your tenant is correct that a licensed small family child-care home provider must have a smoke detector and fire extinguisher in the house (California Welfare and Institution Code Section 1597.54).

Both devices must meet standards established by the state fire marshal under subdivision (d) of the California Welfare and Institution Code Section 1597.46.

The costs of purchase and installation of these devices, however, are the responsibility of the tenant. Thus, you have no obligation under the California Civil Code to pay for them; the only exception would be if there were a local ordinance requiring detectors or extinguishers in homes.

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.