What to Do If Roommate Changes Locks

QUESTION: My roommate abuses drugs and alcohol. I’ve found another apartment and need to move my belongings, but she has changed the locks and won’t let me enter the apartment. What can I do?

ANSWER: If your name is on the rental agreement as a tenant, you have access rights to the apartment. You can either ask the landlord to let you enter, or you can request a local law enforcement agency to do a “civil stand by” while you collect your property. In this case, you may have to provide proof residency, such as a telephone or utility bill in your name. Remember that until your tenancy is formally terminated with a written 30-day notice, you still are responsible for your portion of the rent. Your landlord may require you to retrieve your portion of the security deposit from your roommate and, if this cannot be arranged, or mediated through a dispute resolution service, you will have to prepare to sue your roommate in Small Claims Court for such reimbursement.

Who Keeps Curtains the Tenant Bought?

Q: When I moved into my apartment two years ago, I hated the curtains that were on the windows. I received my landlady’s permission to replace her curtains with ones that I would purchase and then gave my landlady her curtains for safekeeping. Now that I’ve given notice to move, my landlady has informed me that she expects me to leave my curtains. Can she force me to leave my curtains, and if so, shouldn’t she reimburse me for my expense?

A: Your landlady is probably operating under the assumption that your curtains have become fixtures and therefore have become her property. If you merely replaced her curtains with yours and did not change the location of the rods, you should be able to take your curtains with you when you leave. But, if she has to relocate the rods and spackle and paint the walls in order to rehang her original curtains, her assumption may be correct. If the curtains have become fixtures, even though they may be an improvement, you have no right to reimbursement, although you may still try to negotiate a solution with her.

Wheelchair Ramp Denied to Renter

Q: My 4-year-old daughter has cerebral palsy and uses a wheelchair. Now that she is bigger and heavier, I must stop lifting and carrying her from our apartment to the car, so I asked the manager if I could have a wheelchair ramp installed for easier access. After consulting with the owner, the manager denied our request because the owner thinks ramps are ugly and might be inconvenient for other tenants. What can I do now?

A: The 1988 Fair Housing Amendments Act does indeed guarantee your daughter’s right to access. The manager/owner must allow the construction of the ramp, although, unless you live in some form of government subsidized housing, you will be responsible for the cost of labor and materials. Call your local fair housing agency or the regional office of the Department of Housing and Urban Development for information and assistance on accessibility issues. These agencies can help provide the necessary information so that your landlord complies with the law. Wheelchair ramps need not be unsightly and may in fact be useful to other residents, whether or not they are disabled.

Last Month’s Rent in Lease Change

Q: My lease expires this month. Although I plan to continue on a month-to-month basis, my landlord and I can’t agree whether the last month’s rent I paid in advance should be applied to the last month of my lease or if my landlord can keep it until my month-to-month tenancy ends. Who is correct?

A: A definite beginning and ending date are specified in a fixed-term lease. Therefore, the last month is generally the month during which the lease ends. Thus, your landlord should be willing to apply your prepaid last month’s rent to this month. With a month-to-month agreement, there is no predetermined ending date, therefore the last month can only be determined when one of the parties gives notice to terminate the tenancy and the last month’s rent can be held until that time. Rather than bickering over the intricacies of the law, the two of you should discuss your rental payment history, the present condition of your unit and the sums of any deposits the landlord may be holding. You can use this information to assure him that you will continue to be a good tenant, even without his retention of a last month’s rent. If instead, you opt to pay this month’s rent and to continue on as a month-to-month tenant, be sure that it is specified in writing that your prepaid last month of rent will be used in the future when either you or the landlord give a 30-day notice to terminate the tenancy.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif.