Unsafe area, landlord will not terminate lease

[bry411]

What is the name of your state? California

My sister and I recently (June 5, 2007) moved into a rental where we signed a 1 year lease. Two weeks after moving our apartment was burgalized and multiple valuable items were taken (i.e. laptop, jewelry). A police report was filed, and our landlord was notified. He sent out a repairman to fix the side door, which was entered by smashing out the window. I informed him that the police officer advised us that some sort of security system should be put in place and that this area of town has crime issues. The landlord added no other safety precautions other than a new door without a window. Within the next couple weeks neighbors reported a peeping-tom, then another neighbor reported someone sticking their hand through her window while she was changing, and we also found out another neighbors car was stolen from his parking spot in May 2007. After hearing of all this criminal activity I met with my landlord and let him know that we did not feel safe and wanted to come to an agreement to get out of our lease. Our landlord said the only way we could exit the lease is if we find someone to move in.

So we put the apartment on craigslist and began showing the place. We had many views of the place, and at least 6 different people turned in applications. My landlord verbalized his strict guidelines of who can move in saying they must have their job for 6 months, it has to be a "good" job such as: nurse or engineer, not " a tattoo artist, or cab driver." He also said he would prefer "2 navy guys." He turned down two girls because they were "servers, and that is an unstable job." One applicant reported he worked at Starbucks part time and went to school and his parents were his financial backers and would co-sign for him. My landlord replied with a story of a past renter who used a fake co-signer and therefore did not trust in co-signers. The point I am getting at is that we have given him multiple applicants for this rental and he will not rent to any. I am not sure if his guidelines are discrimatory or not. Also, by having a police report and multiple criminal acts in the neighborhood, does that give us the legal right to exit the lease? Thank you for any advice!

 

[OHlandlord]

Is the LL committing the crimes? Then how is he responsible for it? He installed a new door without a window. If a thief wants in and is willing to break in a window, the only way to keep him out is to have no windows in the entire unit! Installing a security system is an upgrade or an improvement. Your unit did not have it when you moved in. The LL does not need to provide this. You can pay for this improvement if you wish, but it would have to remain with your unit when you left. Since the crime is not the LL's fault, you cannot use this to break your lease. You should have researched the area better before you signed your lease.

Your LL is willing to let you out of your lease. His criteria for an acceptable tenant sounds fine. The LL is free to set his criteria for an acceptable tenant. He doesn't have to accept just anyone you suggest to let your out of your lease. You have to find an acceptable replacement. The reason LLs don't want to rent to tatoo artists, waitresses, cab drivers, or others with like jobs is because their income is not stable. If no one uses their services, their income drops. There is no way to predict if they will have the mandatory 3 x the rent in income because their income varies and fluctuates all the time. They might have the rent money this month, but no one wants a ride, or a tatoo, or leaves enough in tips next month. They would have to provide tax returns for the last year to prove they have the required income since their income doesn't show up on a check stub. When he says he wants someone with a good job, he means someone with stable income. (I have no idea why he would want 2 Navy guys??? But their income would be the same each week.) I would always expect a tenant to have a stable income that would equal 3 x the rent. It is also reasonable to expect a tenant to have a full-time job to pay for the rent. A part-timer would not make enough money. (He doesn't have to accept co-signers.)

Other reasonable criteria for an acceptable tenant the LL can, and should, impose are passing criminal record checks, sexual predator checks, credit checks, favorable references from the past 2 or 3 LLs, 1 yr on current job, no prior evictions, no pets, or no smokers. These are standard criteria for many LLs. Did any of your applicants pass all of these standards? Just because you give him a bunch of applications, this does not mean they meet these criteria. I suggest you ask him for a copy of his criteria for an acceptable tenant. Most LLs have this written down. Once you know what he is looking for, you can try to meet his criteria. Try to find someone with a stable full-time job (paid hourly, not on commision or in tips unless willing to provide last year's tax return) who has been at his job for at least a year. If this person has no criminal record and decent credit, chances are the LL will accept him.