Sellers Should Get Tenants on Their Side

Question: We are interested in putting our rental home on the market for sale. Our tenants have always paid on time but have not taken good care of the exterior of the property. We want to make sure the interior is in good condition or make any necessary repairs before showing the home to prospective buyers. Do we have the legal right to inspect the home? If so, how do we go about it?

Attorney Steven R. Kellman replies:

The law allows for the entry by the landlord into the rental home for many reasons. These include the need to make repairs; show the property to renters, repairs people and bankers; and in the case of an emergency. The one reason for entering into a house not mentioned in the law is to make an inspection. Thus giving notice of an intended entry to make an inspection may be an invasion of the privacy rights of the tenant.

One simple suggestion is to discuss your situation with the tenant and to arrive at some mutually beneficial agreement. Hiding the fact of trying to sell the house will only create problems. Explain that it may take quite a while to sell the house and that the tenant will enjoy the benefits of a fixed-up home until it is sold. You can also offer some incentives for their cooperation. For example, a nominal rent discount can pay for itself many times over if a favorable sale is made.

Rain Damage Meets With a Runaround

Q: Late last year the roofs were replaced on my apartment building. I had never had any roof leaks. Later, I returned from a week’s vacation to find that my new roof had leaked and my bed and dresser were soaked and ruined.

I made a claim for approximately $1,000 to the property manager and owner, and they turned my file over to their insurance company. The insurance company has been impossible and has given me the runaround for months. Is there an agency with which I can file a complaint against the apartment complex and the insurance company?

Property manager Griswold replies:

Yes, you can file a complaint with the Better Business Bureau, the state insurance commissioner’s office and similar agencies. Other state and local organizations or trade associations are typically not willing to handle tenant-landlord complaints. However, the real issue is what you can do to get your furniture replaced or the funds to replace it yourself.

You said you made a claim with the property manager and owner. This claim should be in writing and should make a specific demand for your estimated damages. If you do not receive satisfaction from your written demand, your best option at this point is to take the owner to court.

Your claim is for less than $2,500 so you can use the Small Claims Court. This approach works for many tenant-landlord disputes because the cost is very reasonable and litigants represent themselves without attorneys.

Most likely the owner will demand quick resolution from the insurance company rather than appear in court.

Searches by Landlord Are Barred by Law

Q: I rent a room at a single-room occupancy property. The employees routinely enter our rooms and search through our personal possessions. Do I have any recourse? If I move out, can I hold the owner liable for anything missing? Are there criminal penalties for this kind of activity?

Attorney Ted Smith replies:

In this type of rental, you share the kitchen and bathroom facilities with other residents but you are entitled to peace and quiet in your own room. Management does have the right to enter your room to take care of emergencies, make repairs and so forth, but employees cannot just enter and snoop around. If you believe they have stolen from you, you have the right to contact the police or take the matter up in Small Claims Court.

Generally, it is not permissible for any landlord or employee to routinely go through your personal belongings whether you are in a single room, motel or apartment. It becomes a little difficult if you have daily housekeeping services, because the housekeepers have lawful access to your room. There is a difference, however, between cleaning and searching. Your recourse is to complain to the management and specify that you do not give permission for searches.

The next step, if you get no results with the complaints, is to take legal action. You may contact the police or even take the landlord to Small Claims Court. Such a case may include a claim for the value of any property wrongfully taken from you. To protect yourself, keep a clear record of what you own and store that record in a safe place.

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If you have a question, send it to Rental Roundtable, Real Estate section, L.A. Times, Times Mirror Square, L.A., CA 90053. Or you may e-mail questions to [email protected].