Rent Hike Can Pay for Improvements

QUESTION: We are the owners of an apartment complex in Escondido. Can we charge a tenant half the cost of installing vertical mini-blinds in his apartment? If we can, and he doesn’t pay, can we deduct the money from the tenant’s security deposit?

Also, can we deduct money from the deposit for carpet cleaning even though the tenant has cleaned the carpet on his own before moving out?

ANSWER: About the mini-blinds, since your apartment is located in Escondido, which has no rent control, you can raise your tenant’s rent at your discretion. In other words, you could add a little to his rent each month to offset the cost of the blinds. You could also negotiate a deal with him under the terms of which he pays for half the cost of the blinds.

It is unlikely that you are entitled to deduct money from a tenant’s security deposit to pay part of the cost of the blinds without giving the tenant prior notice of your intention to do so.

If you did so, and went to small claims court, most judges would likely rule against you. Also, the penalty for the “bad faith” retention of a security deposit is $200, should a judge find your actions particularly egregious.

As far as double-cleaning the carpet, many consider three years to be “normal wear and tear.” That aside, you don’t say in your letter whether the carpet was clean after the tenant did the job. If it was as clean after he cleaned it as it was when he moved in, it is unlikely that you can charge him to clean it under any circumstances.

If, on the other hand, the carpet wasn’t clean after the tenant cleaned it, you could get the job done professionally and charge the tenant for some or all of that cost.

Up to Landlord to Make Parking Rules

Q: I have been experiencing problems with parking for several years at the Los Angeles apartment building in which I live. The problem is that my car constantly gets blocked in by other tenants’ friends and families. Waiting to get a vehicle moved has caused me to be late for work and other important appointments.

I recently learned that all my landlord has to do is go to a towing company affiliated with the police department and fill out paper work to indicate which tenants are authorized to call for the tow truck. The required “No Parking” signs--the ones that indicate that vehicles parked inappropriately will be towed at the owner’s expense--are already posted.

I pay an extra $20 a month for parking, and I would like this problem corrected. I gave him all this information but he won’t do anything. Legally, what can I do?

A: There is probably little you can do to enforce the parking “rules,” if there are any, at the property where you live and park. The apartment owner, on the other hand, could make or enforce parking rules as you outlined in your letter.

If he’s not willing, however, it would be difficult to compel him to do so. You might sue for breach of the parking contract to recover any actual damages you have sustained.

Whatever you do, proceed with caution, as the owner can reduce your rent and eliminate your parking privilege altogether if you make too much of a fuss about the situation.