Substandard conditions found in student rental
Q. My son is a college student who rents a small basement bedroom near campus. Actually, it's not a real room because the landlord just hung curtains to create separate sleeping spaces. Besides that, there is only one window, which is too high and too small for fire escape, and the basement has no heat. My son asked if this was legal, and the landlord just shrugged. What do you think of this situation, and is there anything that can be done about it?
A. Your son's landlord is what we commonly call a "slumlord." That's a property owner who provides tenants of meager means with the least they are willing to accept for the most they are able to pay.
The conditions you describe are clearly illegal because they violate minimum safety requirements for a dwelling. The shrug indicates the slumlord does not care about these circumstances as long as the rent checks continue to arrive.
A legal bedroom must be at least 120 square feet in area and must have a window whose dimensions meet minimum requirements for light, ventilation and emergency escape. In particular, the openable portion of the window must be at least 24 inches wide, 20 inches high, and with a sill not higher than 44 inches above the floor. Additionally, a living space must have a heat source to be legal as a dwelling.
If the owner of the property is not willing to bring these living conditions into compliance with code, this should be reported to the local building department and health department. In most cases, municipal officials will enforce violations of this kind. If for any reason the officials also shrug, you can complain to a city councilman or to a county supervisor, whichever is applicable in the area.
Unfortunately, substandard rental conditions are common in college communities because high enrollments cause shortages in available rentals. Students, desperate for places to live, settle for whatever they can find, including basements partitioned with curtains. Scarcity of housing also causes rental rates to soar, making it difficult for families in the community to find affordable places to live. A common-sense solution to all of this would be for colleges and universities to build additional on-campus housing. Since they already own the land, the construction of campus rentals could actually be very profitable investments for the colleges.
Q. I recently rented a house without taking a close look at the bathroom. After moving in, I realized the gas water heater is installed in the bathroom. Now I'm wondering if this is safe or even legal? If it's not legal, does this give me the right to cancel the rental agreement?
A. It is not legal to install a gas water heater in a bathroom. The reason for this prohibition is that the consumption of oxygen in the room could cause someone in a bathtub to lose consciousness and drown. If you prefer not to rent the home in this condition, you probably have legal grounds, since the water heater, as installed, is a safety violation. The landlord may not even be aware of this problem. Two ways to solve this problem would be to relocate the gas water heater to another part of the home or to replace it with an electric water heater.
It would be interesting to know what other safety violations may be present in the home.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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