Billed to Clean Unit He Never Occupied
QUESTION: I live in Temecula (Riverside County) and a few years ago, I signed a one-year lease and got the keys for an apartment here. Before I even moved in, I decided that I didn’t want the apartment. I called the manager and told him that I had changed my mind.
He said to “put it in writing” and return the key. He also said that I wouldn’t get my month’s rent or security deposit back (about $1,000).
The problem is that now I have a bill for an additional $300 that was sent to a collection agency and is also now appearing on my TRW credit report. The bill says that I owe three days’ added rent plus cleaning costs. The point is, I never even moved in to the place. What recourse do I have?
ANSWER: With a one-year lease you are liable for unpaid rent through the end of the lease term, one year, or until the unit is rerented, assuming the owner makes “good faith” efforts to rerent it.
If the owner can document $1,300 total lost rent, your only recourse may be to pay the $300. Cleaning charges, however, would seem difficult to document if, as you say, you “never even moved in” unless you somehow caused the unit to become dirty or otherwise require cleaning before moving in.
Normally, for an amount in dispute under $2,000, you would seek redress in your local Small Claims Court. However, you are probably precluded from filing an action there because of the court’s statute of limitations, one year.
If your deposit has been improperly retained, i.e., if the owner rerented the unit immediately and lost no rent, you can sue for a refund and penalties (CC 1950.5) in Municipal Court.
You should ask the owner/manager of the property for an accounting of expenses. If it looks reasonable, you should probably pay the money. If not, you may want to consult an attorney.
Renters’ Insurance Not a ‘Monopoly’
Q: I have been renting an apartment in Beverly Hills for two years now. Some time ago, I remember reading in Apartment Life that it is a good idea to invest in apartment renters’ insurance. I decided to give it a try.
After looking around for companies that carry such insurance, I have given up because I can only find one company that carries this kind of insurance. I am afraid that this possible “monopoly” would charge me an unreasonable amount for coverage.
Can you recommend a few companies and list the advantages and disadvantages to investing in apartment insurance?
A: Rest easy. There is no renters’ insurance monopoly. Several reputable insurance companies offer it. Some include Farmers Insurance Group, State Farm Insurance Cos., Allstate Insurance Cos. and the Prudential Insurance Co. of America, among others.
There are no real disadvantages to having the insurance, except, perhaps, the cost of the premiums.
The advantages of such policies are many. Most cover fires, slip-and-fall injuries and temporary relocation costs due to other such disasters. When those disasters occur, apartment owners’ insurance policies generally cover only the owners’ losses. Without renters’ insurance, tenants are on their own when any of these disasters occur.
14-Day Limit on Returning Deposits
Q: Would you please advise me on how long my Anaheim landlord can keep my security deposit before refunding it after I move out? He claims that he can keep it for between six to eight weeks before he’s required to refund anything. I think that’s ridiculous.
Also, does the six to eight weeks, or whatever it is, start after I give him notice or after I move out?
A: You’ll be pleased to know that the state Legislature, which governs refunds of such deposits, agrees with you that six to eight weeks is too long to wait for your refund. Under state law, your landlord must refund you any amounts due from your security deposit within two weeks (14 calendar days) after you move out. The only time that’s close to six weeks is when you include the 30-day notice period, required under state law, with the two weeks.
Tenant Wants His Bounced Check Back
Q: I wrote a recent check for one month’s rent at my Los Angeles apartment and it bounced. I subsequently paid my bank a $10 not-sufficient-funds penalty and I also paid the apartment building’s $10 penalty fee. Since the apartment’s policy wouldn’t let the manager put the check through the bank again, I then had to pay the rent with a money order. All of this is fine.
Now, however, I’m moving, and I want my check back. I don’t want them putting it through the bank at some other time. The manager says the owner’s policy requires him to hold the check in my file, and I don’t get it back. Can I get my check back? What can I do?
A: This question is trickier than it appears. The simplest and best thing for you to do to alleviate your anxieties may be to go to your bank, close your account and reopen a new one.
Although you can put a “stop payment” on the check, most banks require you to re-stop payment on the check from every six months to every eight months, and sometimes as often as monthly. The cost for this bank service ranges from $7 to $10 each time you use it.
To try to “force” the owner to return the check through some kind of a court action or by some other means doesn’t seem as easy or cost-effective as simply getting a new account, which costs very little.
Postema is the editor of Apartment Age magazine, a publication of The Apartment Assn. of Greater Los Angeles, an apartment owners’ service group. Mail your questions on any aspect of apartment living to “Rentinformation,” AAGLA, 621 S. Westmoreland Ave., Los Angeles, Calif. 90005.
