Without Jacks Makes Calling Difficult
Robert S. Griswold | Steven R. Kellman | Ted Smith
This column on issues confronting renters and landlords is written
by Counselor of Real Estate and
Certified Property Manager Robert Griswold, host of Real
Estate Today! with Robert Griswold (9 a.m.
Saturdays on AM1130 - KSDO radio, or on the Internet
and by attorneys Steven R. Kellman, director of the
Tenants' Legal Center, and Ted Smith, principal in a law
firm representing landlords.
QUESTION: I live in a five-bedroom house, and each
person rents their own room. The landlord lives on the premises in one
of the rooms.
While there is a single telephone jack in the
living room, no one is allowed to use it since the landlord uses it as
his own personal line. In the upstairs bedroom that I rent there is no
phone jack, and the phone company says they have to dig a long trench
to put the line to the house. Who's responsible for covering the
costs, my landlord or myself?\
ANSWER: Tenants' attorney Kellman: The law
requires the landlord to provide "at least one usable telephone
jack" for the tenants. While there is one working jack in the
house in which you now live, you are restricted from using it. As
such, it is just like it does not exist.
Therefore, it appears the landlord has not complied
with the law requiring him to provide a usable telephone jack. I
believe the landlord should either allow you the use of his phone line
or install one in your room at his expense.
Question: My husband has a rental property in San
Diego that has been rented to the same tenant for 18 years. I
understand there's a law in Mexico that says if you rent a property to
the same tenants for 20 years or more, that property becomes theirs
because it's considered paid for by the tenant.
Is there such law in the United States? Our tenant
has been a great renter but we don't want to lose our property to our
long- term tenant.
Property Manager Griswold: Real estate law
in Mexico is fundamentally different from that in the United States,
and I am not an expert on tenant-landlord regulations in Mexico.
There is no such law in the United States. That is
the benefit of owning real estate here -- the tenant essentially pays
for the property for you yet you always retain ownership and control.
With the majority of real estate in the United
States purchased with mortgage financing, the actual purchase of the
property is typically with 20 percent cash and the balance paid over
time. Thus, the rent paid by tenants will allow you to pay that
mortgage payment until the mortgage is paid off.
Of course, I always suggest that a good landlord
should show their appreciation for their good tenants by promptly
addressing any maintenance concerns, regularly updating the property
through improvements and keeping the rent just below the prevailing
In the dumps
Question: We just moved into our house this week
and our landlord has gone on a cruise. The place is an absolute dump.
It was supposed to be cleaned by the time we moved in yet there is
everything from bugs to dirt and grime and mildew all over the walls
and cobwebs everywhere. The ceiling is falling in in the living room
and it is absolutely disgusting.
After reading the lease, it is stated that no
repairs can be made without the landlord's permission. Since it must
be some sort of health violation to have a ceiling and walls covered
in mildew, can't we just request this to be fixed and have the
landlord pay the bill for services we contract? Must we wait until he
Tenants' attorney Kellman: Your landlord is
obligated to provide you with a habitable dwelling when you move in.
The level of cleanliness necessary upon move-in is somewhat
subjective. One person's acceptable condition would not be adequate
for another person who adheres to a stricter standard.
Your landlord, however, specifically promised to
have the place cleaned, so it should be at least reasonably clean. By
any reasonable standard, your unit was unacceptable. Failing to
provide the place in a condition free of bugs, dirt and mold isn't
only a breach of his agreement, but it is probably a violation of
applicable housing codes and health standards.
Under certain conditions, you may clean and make
some repairs on your own regardless of the lease restrictions. He may
be on vacation, but your rental unit is certainly no picnic for you.
Do not wait for him to return from his trip.
You should promptly give him notice of the problem
and your intention to do the repairs or cleaning and that if he does
not act he will be asked to pay the bills. Give him a reasonable
opportunity to have them done. If he does not take care of them, you
have the right to have the work done and seek reimbursement from him.
While you may have the option to deduct the costs
from the rent, a case in small claims court may be a safer way to go
if he refuses to reimburse you.
But what about food?
Question: We have recently rented an apartment for
the very first time. Last week our landlord mentioned that he wanted
to renovate the kitchen while we are living there which means we will
have no kitchen for three weeks.
What are our rights with regard to renovations?
What can we ask for this and can we say by law that repairs must be
completed within a set time frame or we will get somebody to do it
ourselves and have him pay for it? It seems like he is trying to take
advantage of us since we don't really know our legal rights.
Tenants' attorney Kellman: While it is nice
to have the kitchen upgraded, it can be quite an inconvenience. Three
weeks sounds like a pretty long time to renovate a kitchen. In fact it
may be too long. In that time, you can gut the whole thing and replace
it with a whole new one, which is unlikely in a rental unless he plans
to move in himself.
Sometimes, landlords will take an extra long time
for renovations because they are saving money with a laid-back work
schedule. Heck, it's his kitchen in his home, so why hurry? There is
no real legal time standard for a renovation since they are all
It would not be wise to interfere with this job by
having work done on your own to speed it up. This could cause you
great trouble since this is not a normal repair-and-deduct type of
situation . Also, you could be blamed for all sorts of construction
problems and expenses. You may wish to seek the advice of a contractor
to see just how long that job should really take and let the landlord
know of your information.
You are entitled to compensation for the
inconvenience during the renovation process. I believe that
compensation is not limited to a discount of rent but should include
some extra money to cover the extra expense you will incur in not
being able to cook your own meals at home. While eating out may be a
treat, it can get old pretty soon if you are forced to do so every
YOU'RE A TENANT OR LANDLORD, the authors stand ready to
answer your questions in this column, although letters
cannot be answered individually. Write them at: Rental
Roundtable, Homes Section, San Diego Union-Tribune, P.O.
Box 120191, San Diego, CA, 92112-0191. Or you may e-mail
them at email@example.com
2002 Rental Roundtable
Robert Griswold and the Real Estate
Today! radio show strongly support the intent and the letter of all federal and
state fair housing laws. As a reminder to all owners and managers of real
estate, note that all real estate advertised is subject to the Federal Fair
Housing Act, which makes it illegal to advertise "any preference,
limitation, discrimination because of race, color, national origin or ancestry, religion, sex,
physical disability, or familial status, or intention to make any such
preference, limitation or discrimination." Additional state and/or local
fair housing laws may also apply. Be sure to inform all persons that all
dwellings offered or advertised are on an equal opportunity basis.
Revised and Updated -
Wednesday, April 26, 2006
Robert S. Griswold, CRE, CPM, CCIM,
PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
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