March 7, 1999 |
Question: I rent a large home and I am the only tenant on the one-year lease. I am thinking of adding a couple of roommates to reduce the cost of my rent. Can I collect a share of the security deposit from my new roommates without serious legal ramifications? Steven R. Kellman, director of the Tenants' Legal Center, replies: The security deposit follows the lease. If the new tenants move in, the deposit, as between the landlord and original tenant, is not affected.
July 2, 1995 |
QUESTION: My new rental agreement has a clause that worries me. It states that if I do not pay rent on the due date, the property owner can change the locks and remove my property without notice. Is this legal? ANSWER: Under Section 789.3 of the California Civil Code it is illegal for a landlord to lock out a tenant by changing the locks, shutting off the utilities or any other method.
February 8, 1998 |
QUESTION: Since I started renting out my condo, I explained to all my tenants that for their protection, I change the locks at the end of each tenancy and deduct a modest amount from their security to pay for the new locks. I even included a paragraph in my rental agreement, signed by me and my tenants, explaining that tenants are responsible for the cost of re-keying the unit.
March 25, 2012 |
Three days after listing a house for sale, real estate agents Richard and Jean Murphy of Portland, Maine, began receiving a surprising number of calls — not from buyers but from would-be tenants. It turns out the callers were answering an ad that said the place was for rent, "and at a really low price," the agents for Harborview Properties recall. Worse, the "owner" was not the Murphys' client. It was someone living in another state who told callers that if they sent $1,500, the place would be theirs.
July 5, 1987
The language of the S. J. Diamond column on leases ("Tenants Should Know a Lease Isn't the Law," June 22) creates the impression that a landlord is not allowed to charge any fee for cleaning the apartment of an outgoing tenant. Certainly, an apartment owner may not charge a renter for damages that preceded his or her tenancy; however, the story implies that an owner may not charge a present renter for damage and cleaning related to his tenancy. The law and the courts do indeed allow owners to use the security deposit to clean apartments upon the termination of tenancies.
July 1, 2001 |
Question: My last landlord withheld $250 of a $1,000 deposit for carpet cleaning and replacement of irrigation sprinkler heads. I believe this is normal maintenance. We vacuumed and cleaned the house well and thought that things such as carpet shampooing were the responsibility of the landlord. As for the irrigation sprinkler heads, they were all working when we left; however, the house was vacant for a while before the landlord re-rented it. Do we have recourse or are we being picky?
September 19, 1999 |
Question: My tenant recently moved out at the end of the lease. I made a quick walk-through of the rental unit and things seemed to be fine so I immediately returned the entire security deposit. A week later when I went through the unit more carefully, I found there were several costly items (oven, garbage disposal and dishwasher) that were broken by the tenant's negligence. Can I recover the cost of repairing these items? If so, how?
January 16, 2000 |
Question: At the end of last month I moved from my apartment, after nearly six years. During my move-out inspection with the managers, they indicated that I would receive $750 of my $800 security deposit. How long does the manager-owner have to return my security deposit and am I due any interest? Property manager Griswold replies: There is no statewide legal requirement in California for landlords to pay interest on your security deposit.
June 23, 1999 |
Question: I started a small retail business last year and had to deposit two months' rent with my landlord. Recently, I inquired as to when I would get the money back and how much interest was earned in 1998. He advised me there was no interest. Do I have any recourse? If the landlord goes bankrupt, what happens to my deposit?
April 11, 2002
"Renters Serve Notice to Landlords" (April 5) indicates that AB 2330 would allow "tenants who are charged two months' rent as a security deposit to pay in installments" and that "tenants who have lost their jobs would be able to use part of their security deposit as an emergency rent payment." What part of "security deposit" does Assemblywoman Carole Migden (D-San Francisco) not understand? Once a tenant has moved in, the prepaid security deposit is the major measure of insurance the owner has that the tenants will abide by their agreement.