Questions & Answers

I recently purchased a property that had multiple active leases. During the escrow process and prior to closing, I inspected the property. However, after closing, upon further review of the leases, I found that one of the tenant’s leases does not accurately reflect the tenant’s square footage and the tenant is actually using much more square footage than what is stated in the lease. I have asked the tenant to pay for the additional square footage, but the tenant refuses to pay. Is this a violation that I can evict the tenant for?

Unfortunately, no. If you purchase a rental property and discover that a tenant’s lease does not accurately reflect the tenant’s square footage, it is not a valid reason to evict the tenant.

The lease agreement that the tenant signed with the previous landlord is binding and enforceable, unless there is a provision in the lease that allows the landlord to terminate the tenancy due to the incorrect square footage. Even if the tenant is paying less rent than what the correct square footage would dictate, you cannot ask them to vacate the property due to this reason.

As a new owner, your rights and obligations are the same as the previous landlord, including the obligations to respect the existing lease agreement. However, it’s important to note that if the discrepancy in square footage is significant, it could potentially impact the tenants’ rights to privacy, quiet enjoyment, and use of the property.

You can try to resolve the issue by discussing it with the tenant, and considering amending the lease agreement to reflect the correct square footage, and have the tenant sign it, with the new terms and conditions, and the new rental amount, if the tenant agrees. Just remember that it is important to note that any increase in rent must comply with California Rent Control laws, if it applies to the property, and you should not raise the rent in an arbitrary or discriminatory manner.

I keep getting confused with all the different laws regarding emotional support animals and service animals. I know I cannot just deny the request and that there is a process you have to go through, but I am not entirely sure what that is. Can you please explain the process of a request for accommodation.

The reasonable accommodation process for individuals with disabilities is governed by both state and federal laws, including the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).

The process typically involves the following steps:

1. Request for accommodation: An individual with a disability must inform their housing provider of their need for an accommodation. They can do this verbally or in writing. It is a good practice to have a standard form to provide to any tenant that makes a request. The form should contain questions that can help you make an informed decision, like how the disability is related to the request for accommodation, if there is any documentation from a medical professional that supports the need for the accommodation, and are there any alternative accommodations that may be effective in addressing your needs.

2. Interactive process: The housing provider must engage in an interactive process with the individual to determine the appropriate accommodation. This may involve discussing the individual’s specific needs, discussing possible accommodations, and assessing the feasibility and effectiveness of different options.

3. Implementation of accommodation: Once an appropriate accommodation has been determined (if any), a housing provider must implement it, unless it would impose an undue hardship.

It’s important to note that the individual with the disability has the burden of proving the need for an accommodation, while the housing provider has the burden of proving undue hardship (fundamental alteration of the program or an undue financial or administrative burden).

It’s also important to note that in California, the protections for individuals with disabilities are stronger than federal law, and California law applies the definition of disability more broadly to protect a larger group of people. So, make sure that every application for reasonable accommodation is carefully reviewed and that you have all the necessary information to make an informed decision.

If the lease agreements for your four-plex do not specify who is responsible for paying for the lighting in the common areas, you may be able to include such a provision in future lease agreements.

I own a four-plex in Anaheim. Each unit is metered separately, and each household pays their own utility bills. My question relates to the lighting in the pathways and parking area. There is no separate meter for these, the lighting seems to be wired to the closest apartment unit, so the residents are paying for these ‘common area’ lighting fixtures. Is that a problem?

Whether or not the residents of your four-plex in Anaheim are paying for the lighting in the common areas could be a problem, depending on the terms of their lease agreements. It’s common for landlords to include provisions in the lease agreements specifying who is responsible for paying for utilities and common area expenses, such as lighting.

CC §1940.9 requires you to disclose this fact to the residents “prior to the inception of the tenancy” or “upon discovery.” Additionally, you should “execute a mutual written agreement with the tenant for payment by the tenant of the cost of the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit.” This can be done by a lease addendum or amendment advising each resident of the issue and affirming that the resident is aware that his separate utility bill includes charges for lighting of a portion of the common areas. Communication and disclosures are an important tool in dealing with residents, most appreciate the information and will have absolutely no trouble at all signing such an agreement. In the event a resident refuses to execute such an agreement, then provided your tenancies are month-to-month tenancies, a thirty-day notice of change of terms may be prepared and served affirming that each unit will be responsible for a portion of the electric charges for the common areas and that amount is included in each unit’s utility bill.

This article is presented in a general nature to address typical landlord tenant legal issues. Specific inquiries regarding a particular situation should be addressed to your attorney. C. Tyler Greer is an attorney and shareholder at The Duringer Law Group, PLC, one of the largest and most experienced landlord tenant law firms in the country. The firm has successfully handled over 300,000 landlord tenant matters throughout California and has collected over $300,000,000 in debt since 1988. The firm may be reached at 714.279.1100 or 800.829.6994. Please visit www.DuringerLaw.com for more information.