They might not qualify for equity loans or pay property taxes,
but renters still have fundamental needs the state requires
landlords to meet. All too often, though, renters in a rush to find
shelter forget to focus on their long-term health and safety.
Cracked windows, loose locks, leaking pipes and non-functional
heat are some of the most common pre-existing problems to be found
in an apartment, but behavior standards are set by the law,
too.
They might not qualify for equity loans or pay property taxes, but renters still have fundamental needs the state requires landlords to meet. All too often, though, renters in a rush to find shelter forget to focus on their long-term health and safety.
Cracked windows, loose locks, leaking pipes and non-functional heat are some of the most common pre-existing problems to be found in an apartment, but behavior standards are set by the law, too. Landlords may not discriminate based on race, age, sex, occupation or sexual orientation or threaten their tenants with illegal evictions. The best defense against having any of these things happen later on is to be prepared.
Potential tenants are often vulnerable because many are in a hurry to find an apartment – from people who have moved to an area to take a new job to parents in the midst of a custody dispute to people who are in the country illegally – pressures to find housing are huge.
“Probably the greatest factor (in becoming a victim of unfair rental practices) is being low-income and not having adequate choice between rentals,” said Phyllis Katz, a staff attorney for California Rural Legal Assistance’s Gilroy office.
The company helps migrant workers and impoverished rural residents throughout the state become aware of their rights and work through a variety of legal issues.
“People feel desperate to get into a place,” Katz said. “It’s not as much of a free market. They need shelter.”
But being saddled with limitations and constraints shouldn’t make a potential renter back down on issues of habitability or safety when considering a rental agreement, according to Marc Janowitz, a San Francisco-based attorney specializing in tenant-landlord issues.
“Even though the tenant is in the weaker position, they should still be a smart consumer,” said Janowitz. “The first thing that the renter needs to pay attention to is the condition of the unit when they move in.”
If the golden rule of real estate acquisition is “location, location, location,” the mantra of renters needs to be “documentation, documentation, documentation.” Renters need to keep a paper trail and always document the initial condition of the apartment and any later problems with date-stamped photos. If they do run into trouble with a landlord, they will have a firm history to support their arguments. But more importantly, it could keep renters from having problems arise in the first place, according to Kevin Flanagan, a spokesman for the Department of Consumer Affairs in Sacramento.
“A lot of times problems arise not based on perfidy, but on misunderstanding,” he said.
“Make sure you do a walk-through of the apartment. Write down any problems that you see and have them typed into the rental agreement, which you should really read over closely.
“The type is small, and they can be hard to understand, but you should read the whole thing. All too often people just give it a lick and a promise without ever looking to see what they’re signing.”
Tenants don’t have to get angry to make a landlord aware of concerns, said Janowitz. Casual mention on a walk-through can do the trick by alerting the landlord to potential problems in a non-threatening way.
“Say, ‘I noticed there’s a drip in the tub. Can I tighten that, you think, or should that be your area?'” said Janowitz. “Send a certified letter, also very mild-mannered, very professional and businesslike – no more than a page. It should basically say, ‘This is to confirm our conversation of yesterday. I noticed that this, this and this were in need of repair.’
“Or, in a dispute, ‘This is to confirm our conversation of yesterday. You called me a (expletive).’
“The important thing is to document what really happened, not that you were insulted.”
By keeping a level head, a renter can find the home that’s best for him or her. With rents as high as they are in the South Valley – an average of $1,475 per month in Santa Clara County and $1,025 in San Benito County, both higher than the state average of $878 – it’s in a tenant’s best interest to make sure their home meets health and safety standards, even if that’s with county funding or a disability check. Landlords cannot discriminate based on the source of your income.
For more information on dealing with problems after move-in or if a renter feels they have been discriminated against, they should visit the Department of Consumer Affairs’ rental handbook at www.dca.ca.gov/legal/landlordbook/when-rent.htm.
Renter’s checklist
Here are a few things to check before renting an apartment according to tenant’s rights attorney Marc Janowitz:
Water
• Toilet flushes and does not leak or run
• Sinks turn all the way off
• Under-sink areas free of water damage
• Ceiling free of water damage
Electrical/Gas
• Heater functional
• Freezer works
• Light switches work
• All light fixtures work/are in good repair
• All burners on stove work
• Wiring isn’t exposed
Safety
• Windows can lock
• Screens are intact
• Front and back doors have added, functional deadbolts
• Buzzer/intercom works
General
• Carpet in good condition (clean, in good repair)
• Linoleum/countertops/sinks free of cracks and cuts
