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How Do I Get My Landlord To Fix The Elevator?

How Do I Get My Landlord To Fix The Elevator?

by | Feb 14, 2013 | Habitability

How Do I Get My Landlord To Fix The Elevator?

My wife & I have been living in a rent controlled 1 bedroom in a large 5 story apartment building in downtown SF for about 6 years now. It is an old building (I believe it was built in the 1920s) but in fairly good shape, except for the elevator. It is one of those classic ‘otis’ elevators that never seems to work.

In the 6 + years I’ve lived here, the building has changed hands numerous times (from citi apartments, to laramar and now to Prado). Through all these changes of ownership, one thing has remained constant, the lack of attention to tenant needs (the exterior of our windows haven’t been cleaned since before I moved in, etc).

Anyway, needless to say, having an elevator frequently out of order is a huge hassle. Fortunately for us, we are healthy and 30 years old, so climbing 4 flights of stairs isn’t a huge burden. However, there are plenty of senior citizens living in the building and this I’m sure is a serious issue for them.

In the management’s defense, they do have people that come and try to repair the elevator but their ‘band-aid’ repair jobs rarely last more than 2 or 3 weeks. The last time they were here was Friday morning for repairs.

By Friday night, there was an actual fire caused by the elevator motor and a fire extinguisher had to be used to extinguish the fire and hasn’t been working ever since. My estimate is that the elevator is down about 4 or 5 days a month on average for the past several years. Starting this month we are starting to record the exact dates of malfunction.

My main question to you is how do we get our elevator fixed properly, once and for all? And secondly, doesn’t all of this inconvenience entitle us to a decrease in rent?

Unfortunately, I can’t provide an easy solution to this issue because, absent an injunction from the court, the landlords can’t be forced to properly fix the elevator once and for all. Elevators are very expensive to repair and/or replace. Most landlords would rather use a duct tape and bubblegum approach than spend the dough to do the job correctly.

Given your longstanding complaints, I assume that you have informed the owners about the elevator, in writing, many times. If you haven’t done so, begin to write letters to the management company each time the elevator is out of service.

You should also encourage your neighbors, especially those who are most vulnerable, to document their complaints in the same manner.

The next time the elevator breaks, call a Housing Inspector from the Department of Building Inspection (DBI) to issue a notice of violation. You and your neighbors should be prepared to show the inspector any other potential violations–leaking roof and windows; cracks and holes in the walls; peeling paint; security issues; heating issues, etc.

When you have all of your evidence together you can and should file a petition for substantial decreases in housing services at the Rent Board. If you prevail, you will be entitled to a reduction in rent that may remain permanent until the elevator is fixed.

I think that you should call the City Attorney’s office, (415) 554-4700, to alert them about the ongoing issue with the elevator. As you said, this is a serious safety issue, especially for senior citizens trapped on upper floors. Given the past litigation and settlement with CitiApartments, the City Attorney may also be interested to understand that things haven’t changed that dramatically for many of the Lembis’ former tenants.

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Should I Rent An Apartment That’s In Bad Shape?

Should I Rent An Apartment That’s In Bad Shape?

by | Dec 19, 2012 | Habitability

Should I Rent An Apartment That’s In Bad Shape?

I recently moved to San Francisco and I’ve been apartment hunting. So glad I started reading your blog through Curbed, since renting in SF is just a whole different world than the rental situation back home. I’ve never even heard of a security deposit before I came here.

I saw a studio near Dolores Park that’s reasonably priced. It is one of 3 units in a pretty old looking building. However, a large window in the unit faces the street, and it has a big crack in it. I asked the landlord if he would replace the glass at some point and he says he cannot do that because it’s so old, he would have to replace the entire window. He said he would just leave it as-is. There is also a hole in the dry wall at the corner of the room and he has no plans to fix that either. Is there some sort of rules/regulations that says the landlord has to keep his unit in reasonable condition? Is a cracked window reasonable?

The San Francisco Housing Code and and California Civil Code §1941.1 and other statutes define a landlord’s duty to provide a habitable or tenantable premises. In this case, both the cracked window and the hole in the drywall are likely violations and could be cited by a housing inspector from the San Francisco Department of Building Inspection (DBI).

The cracked window could leak and/or let in the cold air in the winter (or summer in San Francisco) and the hole in the wall could be an entry/exit for vermin.

Maybe you don’t understand how the free market works. Landlords are given an opportunity to increase the rents to market rate after rent controlled tenants vacate. To remain competitive in a free market, they will, naturally, fix issues like the ones you describe. Right?

Like many tenants searching for housing in San Francisco, you’re facing a common conundrum. Do you rent the unit, despite it’s relatively minor problems, or do you point them out to your prospective landlord and risk losing an opportunity to rent a reasonably priced apartment?

In this case (this is not a legal opinion) I would likely opt to rent the unit if I thought it would work for me despite the small habitability issues. That what I did when I rented the apartment in which I currently reside. I have some drapes for the cracked windows. I don’t have any holes, but I could fix them myself.

If you do rent the apartment, you should take photos of the cracked window, the hole and anything else, like wood floors that need refinishing, cracks in the walls, peeling paint, etc., to document the condition of the unit at move-in. For example, you will need to to prove that the window was cracked before you moved in when the landlord withholds your security deposit, claiming that you cracked it.

If the conditions get worse or begin to bother you, ask the landlord to fix them (in writing). If he refuses, call DBI to get a housing inspector out to violate the unit.

If the breaches constitute substantial decreases in service you can petition the San Francisco Rent Board for a decrease in your rent.

You may want to join and consult the San Francisco Tenants Union if you decide to file a petition at the Rent Board. They can help you determine the values for your decreases in services.

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Is My Landlord Required To Replace My 25-Year-Old Carpet?

Is My Landlord Required To Replace My 25-Year-Old Carpet?

by | Oct 18, 2012 | Habitability

Is My Landlord Required To Replace My 25-Year-Old Carpet?

I live in a 1908 Edwardian building on Pine Street. There are seven units total over three floors.

I’ve lived there in a large two bedroom on the top floor for 17 years under a very reasonable rent control price: $1470.00 now. My landlord has increased the rent at the minimal percentage each year. He’s been more than cooperative when I’ve been slightly late with the rent. We’ve always communicated pretty well. When I moved in, there were three of us living there and over the years I have rented out a room many times. Right now it’s just me and my cats.

He has replaced my dishwasher before when requested, when it’s died. He recently replaced all my windows which were quite old and decayed.

My question is regarding the carpeting. There are two large rooms and two small rooms each with carpeting between 17 and 25 years old. Needless to say, it needs to be replaced badly. When I moved in 17 years ago there were two cats living in the apartment. There are two cats presently living there as well (not the same ones of course) Also the apartment hasn’t had any interior painting or improvements besides the windows in the entire time.

Can I replace the carpeting in the apartment and charge the landlord? Is he required to replace any or all of it?

Also, my bathtub and bathroom equipment is pretty worn out. Is he required to upgrade the shower or the toilet?

Yours is a common question that I used to hear at the Tenants Union about once a week. And it’s always a tough one to answer.

Shag carpets, hardwood floors that should be refinished, and dingy paint jobs from the last century. It’s difficult to require a landlord to repair or replace them unless they pose some sort of health or safety issue that could be cited by a housing inspector.

I lived in a building in the Richmond in which the living room and dining room were carpeted in 1970s bright orange (thank heaven, not shag!). In the right light that carpet could induce an acid flashback. Yet the carpet was remarkably durable. When I asked the landlord if I could remove it, he declined, noting that he want to keep the carpet to protect the hardwood floors.

After inquiring at the Department of Building Inspection, I learned that housing inspectors, given the scope and requirements of their job, can only cite a carpet if it is in disrepair, rising to the level of a threat to health or safety. They look for holes and areas so worn that they could be tripping hazards. They will also cite a carpet that is moldy.

So look around. Could the carpet be unsafe? You mention your cats, but if they have peeing on the carpet for years, that’s your problem. Ditto with them scratching and tearing up the carpeting.

Check your lease. It’s likely that the lease contains a “no alterations” clause that requires a landlord’s written consent to make repairs or to replace the carpet. If your lease doesn’t contain such a clause, you may have more leeway to replace the carpet, but on your own dime.

The other issues in the apartment should be approached in the same manner.

You mention that the bathroom and kitchen and worn out. If the plumbing leaks, that could be a violation. If the cabinets are falling apart, that could be a violation.

If the paint job in the apartment is simply old, it is unlikely that you can require the landlord to repaint. However, if the paint is peeling and cracking that could be a violation.

Before you approach your landlord, it would be wise to take some photos and bring them to the San Francisco Tenants Union to get a second or third opinion regarding the condition of the apartment.

When you understand all of your options, you should simply ask your landlord if he will replace the carpets and/or paint, etc. Maybe you make a deal with him to cover some of the costs.

Of course, you can always ask the landlord for his permission to paint or upgrade yourself. As you probably know, I rarely recommend that a tenant upgrade a landlord’s property, but small fixes and new paint may be justifiable because the benefits may justify the cost.

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A Neighboring Restaurant’s Rats Are Attacking My Apartment

A Neighboring Restaurant’s Rats Are Attacking My Apartment

by | Dec 17, 2011 | Habitability

A Neighboring Restaurant’s Rats Are Attacking My Apartment

I live above a restaurant in a one-bedroom I’ve had for over four years. There are two other residential units in the building. Lots of stuff breaks all the time in my place, and I’m sort of embarrassed to tell you that I’ve just gotten used to it over the years. The people who manage our building “fix” things pretty quickly, but stuff is never fixed for very long.

Anyway…while the constant plumbing leaks and appliance crap-outs are a nuisance, the latest problem is one that is, to me, downright dangerous. It appears we have mice or rats living in our walls (or, at least, traipsing through on a regular basis), and they have chewed through the wires of our doorbell buzzing system (more on that in a minute).

I happened to hear the rats last week, just as I was getting ready for an out-of-town trip for work. There was definite gnawing and scratching so loud from between my bathroom wall and the wall on the outside of the building that I was expecting to see an animal break through my wall at any moment. As soon as I heard it, I thought about our doorbell system, which has been “fixed” three times this year, and is broken again. Hmmm…

The property managers don’t have email, so I called them (I know you like to have everything in writing, and going forward I will do just that, but I was hoping you’d have some tips for me on things I definitely need to say in a forthcoming letter to the managers). They sent out an exterminator who determined that the rats/mice/whatever were coming up from the restaurant that makes up the bottom floor of our building. Our property managers told me they have “no control over commercial space,” and that the best they could do was send a “strongly worded” letter to let the restaurant know that someone would be calling the Health Department (and then they told me I would have to be that “someone”).

When I got home, I did call the Health Department, twice. I have not heard back yet, though it was Thanksgiving week, so maybe Anita (the person who I was supposed to speak with) was away. Anyway… At the same time that this was going on, PG & E pink-tagged my heater, saying it was unsafe due to a valve that was leaking gas, so I got a new heater. This meant contact with an electrician–the same electrician who has determined that, at long last, our doorbell system does not need fixing, but rather complete rewiring. When I asked him if, by chance, the wiring was shot from rodent damage, he replied, “Oh, most definitely. You can see it.”

1. While the rats may be coming from the restaurant, shouldn’t my landlord be doing something to ensure that our building is safe?

2. How can I make sure the Health Dept. responds to my complaint, if this coming week goes by and I still don’t hear back? Should I be making a paper trail for those conversations, too?

3. What are the “must-says” in my first letter to the property managers (besides recapping what has happened on my part–and not happened on theirs–so far)?

4. If nothing gets done once I start a paper trail with our property managers, what can I do?

A last bit of info that may or may not be relevant: The building owner lives in another city; the people I deal with are the property managers, whose office is near my apartment.

You can sign me “Frustrated and Out of Ideas,” ’cause that’s what I am.

Dear Frustrated,

I am frustrated too, frustrated with so-called property managers who refuse to do their job. What? Your property managers don’t manage the entire building? I find that hard to believe. Of course they have control over the commercial space. They should be relaying your complaints to the restaurant, as should you. They should be made understand that the landlord, their client, could eventually be sued. They could also be sued as the landlord’s agents.

Rats and mice are a well known public health problem. The San Francisco Department of Public Health has a special Rodent Abatement Program which is both proactive and complaint based. One can complain to the DPH about a variety of public health issues including rats mice and bedbugs. You have already called them but note that you can email them as well.

You didn’t mention if you contacted the restaurant. I think you should write them a letter as well. You should also look into “reviewing” them on Yelp, Urban Spoon, CitySearch, and any number of internet review sites out there. Remember if the rats made it up to your place there are plenty more in the restaurant downstairs. I frequent many restaurants and I don’t want to have to guess if that thing in my salad is a currant or a turd.

You should also copy all of your correspondence to the owner of the building. He or she may not know the whole story given the sloppy management.

Stay vigilant with DPH and also complain about the restaurant if they refuse to take steps to abate the problem.

Given the condition of the building and the inadequate repairs, you should also call a Housing Inspector at the Department of Building Inspection. Make sure that you are able to show the inspector everything you think may be a problem. If there is evidence of rats or mice, the Housing Inspector will note that too.

Take photographs. If you can trap a rat and snap a photo, there isn’t much more dramatic evidence. See for yourself at my blog post, Every Tenant Has One.

As you develop evidence make sure the managers and the owner get copies. Continue to press them to repair and exterminate. You should also demand that they partially credit your rent for decrease in services.

Finally, if the landlord’s response is inadequate or nil, file a petition for decrease in services at the Rent Board.

As usual, I recommend that you bring all of your documentation to the San Francisco Tenants Union to develop your overall strategy.

Living above a restaurant is never easy. One always runs the risk of rats, cockroaches and other vermin attracted by the food. There’s also noise and ventilation grease and late night activity. I would never live above a restaurant unless the establishment and my apartment were separated by several stories. And the rent would have to be cheap.

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My Landlord Forged Documents To Get Me Evicted

My Landlord Forged Documents To Get Me Evicted

by | Oct 7, 2011 | Unlawful Detainer

My Landlord Forged Documents To Get Me Evicted

I feel I did everything legally and now I’m being evicted. I’m being wrongfully evicted because I withheld one month’s rent.

I wrote letter after letter to the manager and owner complaining about water coming through my apartment windows. I moved in June of 2010 so I didn’t have any problems until the rainy season. The first time it started to rain, I realized I had a real problem with 3 out of 4 windows. I had to use big towels to stop it from running down on the floor. So the first thing I did was call the manager. He said he would talk to the owner and get back to me. That was in November of 2010.

I paid my rent and wrote the owner and manager letters asking for the repairs. In July, I wrote the owner and manager a letter that said I would withhold July 2011 rent until the repairs to my windows were done. The manager, who collects the rent, agreed with me. Two days later the owner came to my apartment and told me I should just move if I didn’t like it.

At that point I decided to go downtown to the city of Oakland and file a complaint against the owner. When I was filing my complaint, they informed me that the tenant prior to me in the same apartment made the same complaints. So I waited a few weeks for the city to come and inspect my place, but instead a sheriff came and left an eviction paper on my door.

It wasn’t a summons, it was an eviction notice stating that I would be removed. I question the legal aid person I went to see why wasn’t I being able to see the judge to explain my default. She told me don’t worry about that at this time the thing I need to do was file for a stay so I did and it was granted.

I found out that the owner forged the manager’s name as the person who served me the summons. The manager called the owner in front of me and confronted the owner. The owner admitted he did do this and told the manager if he didn’t lie he would be fire him. The manager said he rather be fired. He said he would help me in anyway because the owner withheld the summons because he didn’t want to go to court. I have all my documents and pictures along with several witnesses that can validate what happened.

This owner forged the manager’s name on three documents, the 3-day notice, the 30-day notice and the summons from the court. He never served me with the summons and complaint so that I would default and I wouldn’t have the right to answer in court. I believe I have an eviction on my credit report now. This can’t be right.

It isn’t right. You did do everything legally. Had the landlord served you with a summons and complaint for an unlawful detainer action, it seems like you could have successfully defended the case. But as I’ve said over and over again, it’s better to be a plaintiff in a lawsuit than a defendant.

Oakland has a Rent Adjustment Board. You could have filed a petition for decrease in services at the Rent Board instead of withholding rent. Oakland Residential Rent Adjustment Program §8.22.070(F) defines decreased housing services:

“A decrease in housing services is considered an increase in rent. A tenant may petition for an adjustment in rent based on a decrease in housing services under standards in the regulations. The tenant’s petition must specify the housing services decreased. Where a rent or a rent increase has been reduced for decreased housing services, the rent or rent increase may be restored in accordance with procedures set out in the regulations when the housing services are reinstated.”

That’s all water under the bridge. Your landlord is a scumbag. I’m not trying to shift the blame to you.

Your landlord pulled one of the oldest, dirtiest tricks in the landlord playbook. We in the business call it “sewer service.” The landlord filed the complaint and instead of serving you, he flushed it down the toilet. I’m not as familiar with the Oakland courts. In San Francisco the court sends a letter to tenants informing them that an unlawful detainer has been filed. That way one can immediately go to the court to look at the file and, if necessary, file an answer without service.

You need to find an East Bay organization who will write (and hopefully argue) a “motion to vacate default and default judgement” for you. This is a motion that essentially asks the court to reinstate the case. The court makes its decision based on two things.

  1. Was your neglect in failing to answer the complaint excusable?
  2. Do you have a triable issue if the court decides to reinstate the case?

Of course you have easy “yes” answers to both questions. You couldn’t answer if you were not served and you have a defense because the landlord failed to fix the windows, breaching the implied warranty of habitability in you lease. The statute that outline this defense is California Code of Civil Procedure §1174.2.

You mentioned that you are working with a legal aid person. Perhaps she is already working on a motion for you, but you should understand that the stay of execution (in UD a court order telling the sheriff to wait to evict a tenant) only gives you the time to file a motion. A stay does not end the matter.

You should get in touch with the East Bay Community Law Center. You can also call John F. Kennedy College of Law, (510) 647-2067 to see if you qualify for representation by their Housing Advocacy Clinic.

Tenants: I’ve already mentioned that it’s a bad idea to withhold your rent without legal advice to do so. This reader’s letter also illustrates that it is important to get your local code enforcement agency to issue a notice of violation for a substantial breach of the warranty of habitability. Civil Code §1941.1 provides a long list of possible violations. If a landlord has a violation he’s more likely to repair the defect. If he does not repair it, you have good evidence to bring to a rent board or a court.

If a landlord refuses to repair, get a code enforcement inspection quickly. Don’t wait! If you are unsure about who to call check out the Crow & Rose list of tenant resources.

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Does A Mistake In My Lease Give Me Free Rent?

Does A Mistake In My Lease Give Me Free Rent?

by | Aug 4, 2011 | Tenant Law

Does A Mistake In My Lease Give Me Free Rent?

Mistake in the lease.

My roommate and I (25 and 24 years old) live in a 2BR rent-controlled unit built in 1964 in a medium-sized San Francisco complex with 18 units. We pay $1950 and are nearing the end of our one-year lease. Or, at least, we assumed one year. The term dates actually show “Sept 1, 2010 through Sept 30, 2011 for a total rent of $23,400” ($23,400 being $1950×12, not 13).

My roommate took our lease to a lawyer colleague who says this is an error that the landlord should have insurance to cover (errors and omissions), and that we are not responsible for rent beyond a total payment of $23,400. I’m worried our petty (and nosy, which is why we’d like to leave) property manager will try to retaliate with outlandish security deposit withholdings. Should I be concerned that she will turn around and screw us or overjoyed that we (maybe?) have a free month of rent?

Some background about our property manager:

We do keep the apartment rather clean but the manager will have to do some mold abatement since the exterior walls and windows are poorly insulated (we have cleaned and treated it ourselves with bleach after realizing why there was such fresh paint when we moved in, but I should hope she would make preventative repairs in the future.
We haven’t told her about it because of personality issues, and as sort of a trump card should she try to evict us for some petty and unjust reason). Why would I be afraid of dealing with unjust eviction? She is a total power tripper. This woman called us more than 10 times in the first month of our tenancy accusing our guests of graffiti-ing the elevator (we don’t have friends who would do that), and angrily accusing us of leaving our bikes in the lobby– which weren’t ours.

She looked through the trash to identify the person tying their bags too loosely (us, we think?) and surprised us with an in-person reminder of the “house rules” through our kitchen window which we had guests over for weekend brunch.

She yelled twice at a guest who was smoking well beyond the required 20-ft from the nearest door or window, insisting the “rule is 20 feet from the property line,” and got into a heated argument with my visiting (older) father about sanding a bookcase on our balcony (the use of power tools is not addressed in the lease; her beef was the wind blowing some dust onto her balcony) without introducing herself as the property manager.

She also threatened to evict me after assuming my boyfriend lived there because I once loaned him my keys to bring me medicine when I was bedriddenly ill (maybe from the mold!). The list goes on, but those are the highlights. My roommate essentially told her to back off and she has since been less invasive in the last 6 months. It doesn’t surprise me that our unit– the one above hers– stayed vacant for several years before we moved in.

–Cautiously potentially overjoyed

Don’t be overjoyed, even cautiously. This is just a mistake in the drafting of the contract. You’re not going to get a free month’s rent. You should, however, be able to point out the mistake to get out a month early. And you should get out as fast as you can.

Assuming you want to leave, give your 30-day notice as soon as possible. Point out the mistake in the lease. Also, show the landlord that it is clearly a mistake because the total amount of rent to be paid is equivalent to one year’s worth.

If you don’t pay the last month’s rent, the landlord could serve you a three-day notice to pay or quit. If you do not pay, you could be served an unlawful detainer (eviction) lawsuit. That would be a foolish move on the landlord’s part, given that you would likely have vacated before a trial on the issue. But why take that chance? The cost and hassle to defend an unlawful detainer is rarely worth it, especially if you are going to move anyway.

You should complain bitterly about the manager, in writing, to the landlord. I imagine that other tenants must be experiencing the same problems. Try to get the other tenants to write to the landlord as well.

Call a DBI Housing Inspector to complain about the habitability issues you describe. If the inspector violates the the unit, you’ll have better evidence to present when the landlord refuses to return your security deposit. Notice I didn’t say if.
You should discuss all of your issues with a counselor at the San Francisco Tenants Union.

Let me address the real issue here. There is no reason, ever, to withhold a complaint about mold or any other condition that makes a unit uninhabitable. Why? Because the landlord should be given an opportunity to repair the problem. If a landlord refuses to repair, you call DBI. It’s that simple.

The landlord also deserves to know about the psycho manager. Maybe, just maybe, he will understand that she is costing him money and he might want to do something about that.

Tenants: Never adopt a passive/aggressive approach when dealing with your landlords! You’re never going to change anything that way. It’s always going to get worse for you, individually, as well as collectively.

Landlords can only own you if you let them.

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There’s A Mouse In My (Boarding) House

There’s A Mouse In My (Boarding) House

by | Jul 21, 2011 | Tenant Law

There’s A Mouse In My (Boarding) House

Boarding house mouse.

I moved to SF a couple of years ago, so there are things about the rental laws that I am just finding out. My particular lease doesn’t easily fit into the info I’m finding online so I plan to join the Tenants Union. Since other people might have the same thing happening, I figured I’d email you as well.

Here are the specifics:

I live in a rent controlled building. I moved in on October 1, 2010 and paid a security deposit of $950.00 (my rent is $975 plus water, garbage, and other utilities; the water and garbage bills are in our names and are split with the unit downstairs).

The landlord used to live in the first level unit but no longer does.

There are commercial units on the ground level; the first level is rented out as one unit; my level (the top level) is rented out to 3 people and we all have separate leases for our unfurnished rooms with access to the furnished common areas. This is great in terms of not having to cover for rent when one of the rooms is empty but makes it confusing in terms of applying the laws.

The landlord allows pets. We’re having a mouse issue right now (to be expected when living about restaurants, I suppose) so I’m considering getting a cat. When I asked about how much a pet deposit would be, I was told it’s usually one month’s rent but of the whole apartment, not just of my room, which the landlord said would be $2800.

I know that all deposits can’t be more than 2x the rent for an unfurnished unit and 3x for a furnished unit…but I could see that the landlord would argue that the place is furnished since the common areas are furnished.

So, my questions are these:

1. What is the legal amount of deposit he can ask for in this situation? Would be “unit” be considered to be furnished or unfurnished?

2. When I calculate my interest on security deposit, how much do I subtract for my portion of the rent board fees? Do the 3 of us split our half of the fee if we all have separate leases?

3. Is it even legal to rent out the rooms this way? Is it legal to make us pay the water and garbage?

Ah, life in the city. Always an adventure.

Yes, life is always an adventure when you have to put up with unscrupulous, greedy landlords, but somebody’s got to do it, right?

In this case, the landlord wants to have his cake and eat it too. How? First he rents the rooms in the unit separately, with separate leases and, I’m guessing here, his choice of your roommates. Then he wants to treat the unit as a single unit with three bedrooms for deposit purposes.  It’s a scam to collect $2,800.00 to deal with a problem that it is his responsibility to fix in the first place.

Carefully review your “lease.” When you say the landlord allows pets, do you mean that he just doesn’t enforce a “no pets” clause or is your lease silent on the matter?

If the only reason you want a cat is to deal with the mice, just call the San Francisco Department of Public Health. Get an inspector  to violate the unit and the landlord can deal with it accordingly. I’d do that anyway. Mice and rats are health hazards. They carry all sorts of diseases. Maybe you’ve read about the bubonic plague? A continuing mouse infestation is a per se violation of many housing and health codes, a per se breach of the implied warranty of habitability.

You are correct about deposits law, but Ca. Civil Code §1950.5(c) speaks to deposits “paid on or before initial occupancy.” So the furnished/unfurnished argument is irrelevant.

Because you unit is rent-controlled, any demand for extra money by the landlord will be treated as an illegal increase in rent. If you really want a cat and you need the landlord’s permission, you can point out to him that a $2,800.00 deposit constitutes an illegal rent increase and that you’d be happy to take the issue to the Rent Board.

Rent Board fees are assessed on a per unit basis. You are only liable for your portion of the fee.

If your lease provides for payment of water and garbage and the sharing arrangement is clear, it is legal for the landlord to charge for those utilities and services.

Is it even legal to rent out the rooms this way?

That’s a complex question. San Francisco Housing Code §401 defines lodging house “as any building or portion thereof, containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.” The San Francisco Building Inspection Department will not violate a boarding house (that’s what your landlord is running) that comprises 5 rooms or less.

Yet, if the landlord attempted to evict you, he would also have to evict your roommates because the unit is a single apartment. In an unlawful detainer (eviction) lawsuit, the landlord must seek possession of the entire unit, not just a room in the unit.

Interestingly, the Rent Board will consider your room as a separate unit for purposes of deciding a petition you may file without adding your roommates. However, I always think it’s better for the tenants in these arrangement to maintain a united front.

As you might imagine these arrangements are frought with problems–problems between tenants who don’t know each other; problems with understanding ones rights and obligations (like yours); but mostly problems with greedy landlords trying to maximize their dough and control. Of course, this type of landlord doesn’t give a rat’s ass if you have mice.

Readers: If you think that living with roommates is a pain in the ass, try living in a boarding house.

Your decision to join the Tenants Union is a good one. Actually, yours is a very common issue. You can go over your lease and any communications between you and the landlord and develop a strategy to “educate” him.

Remember, landlords who rent to tenants in this manner are often psychotic control freaks. They rarely back down. You may also want to consider an exit strategy.

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