Legal Question in Real Estate Law in California

Re: Portable Spas

If indeed the presence or use of the spa would cause the landlord's insurance to be canceled, I think an eviction for cause would follow quickly.

You might prevail against the eviction, but I think installing the spa involves a fairly high risk that you might lose your home of six years.

If it is very important to you both to have the spa and remaim at this location, I think your best recourse is negotiation, perhaps stressing to the landlord his duty to reasonably accommodate handicapped/disabled tenants, but the insurance issue is a toughie and if no way can be found around that problem I don't think letting you have the spa at the expense of the insurance policy comes under the heading of 'reasonable.'

Re: Portable Spas

There are 2 issues here: what are your rights under the lease and does the landlord have to accommodate your request because of your disability (back problems.) I can't comment on the lease because I have not seen it.

California law is more liberal than federal law about what constitutes a disability (or "handicap" which is the term used in federal law). You probably qualify at least under the California definition.

Under both federal and California law, a landlord must make a reasonable accommodation in facilities and policies when necessary to accommodate a disabled or handicapped tenant and allow them to live in the premises on the same basis as a non-disabled tenant. Despite the different definitions of who is handicapped, under both laws if the disability is minor the need for an accommodation is not shown.

There is a split of authority about who must prove the accommodation is or is not reasonable, the tenant or the landlord. The Ninth Circuit recently decided this burden is on the landlord. The landlord does not have to accept the accommodation which the tenant requests. Rather the landlord can request information to support the claim for an accommodation and engage in discussions to determine an appropriate alternative.

For more information, see my fair housing articles at www.msslc.com or send me an e-mail to [email protected]