Holding Cleaning Fee From Rent Won’t Wash
QUESTION: I live in South Pasadena but I’ll be moving out of state in the near future. When I moved into my apartment a $655 security deposit was required. Of this, $150 was allocated toward a “non-refundable cleaning deposit.”
The apartment has been kept in good shape except for a portion of the carpet that was drenched by the recent rains due to a crack in the wall.
I have been told that non-refundable cleaning deposits are illegal in California. Assuming they are illegal, what could happen to me if I deduct $150 from my last month’s rent when I give my 30-day notice to vacate?
ANSWER: Non-refundable cleaning deposits became illegal in the state of California on Jan. 1, 1978 (civil code section 1950.5 (i)). Prior to that time they were legal.
If your tenancy commenced before Jan. 1, 1978, the non-refundable cleaning fee is allowed. Otherwise, it is precluded by state law. That does not mean that the owner cannot charge you to have the apartment cleaned, assuming it was clean when you moved in and it’s dirty when you move out. He is, however, limited to charging you the actual cost of cleaning.
With that background, we’re ready to analyze your question, “. . . what could happen to me if I deduct $150 from my last month’s rent . . .?
Regardless of when you moved in, and whether or not the fee is justified, if you fail to pay all of the rent when due the owner can serve you with a 3-day notice to pay the (balance of the) rent or quit (move out of) the premises.
If you do one or the other, pay or move, the matter is finished. If not, the owner may proceed with an unlawful detainer, eviction, action. That, of course, is a matter of public record and, as such, is reported by various credit reporting agencies.
So, while it’s extremely unlike that you will be evicted before you move out (it takes longer than one month), your credit history will be marred by the incident. Pay the rent on time. If there is a problem with any security deposit refund that you may be due and don’t get, sue the owner for that in small claims court and ask for penalties.
Interest Is Due on L.A. Security Deposit
Q: In “Apartment Life” (April 21) you answered a question about interest on security deposits from a Long Beach reader. The question, “Interest on Security Deposits a Variable,” indicated that the Long Beach reader was not entitled to any interest on his security deposit. Renters who are under rent control in the city of Los Angeles, on the other hand, are entitled to it, you said.
You also said that the law requires me (as a Los Angeles landlord) to pay my tenant 5% simple interest after five years since “last November.” My tenant moved into her apartment on Nov. 1, 1989. Does this law apply to her and me?
A: As you’ve indicated in your letter, rent-controlled tenants in the city of Los Angeles are entitled to interest on their deposits under a law which became effective on Nov. 1, 1990. Since your tenant moved into her apartment on Nov. 1, 1989, she is entitled to the interest if the unit is rent controlled.
The Apartment Assn. of Greater Los Angeles (AAGLA) is suing the city of Los Angeles in court over the interest-on-deposits law. In the lawsuit, AAGLA is claiming that it is unfair to make only owners of rent-controlled properties pay the interest, and that the state has preempted the field invalidating local legislation on it.
Contract Sets Landlord Security Responsibility
Q: I’m president of the Valley Village Tenants Assn. in North Hollywood. Your column has answered many of my questions about renting but I have one for you that I haven’t seen in the column.
Although I live in a mobilehome park, I believe the law on this one may be analogous. The park is secured on three sides but the front is open to intruders. (The neighborhood is considered a high-crime area by the Los Angeles Police Department.)
At one time the park had an entrance gate, but it has been in a state of disrepair for two years and is left open. It is my understanding that landlords have a duty to protect tenants from crime. Do you have any thoughts on the trends in this area? Must landlords protect tenants from crime?
Also, in your April 14 column, you mentioned that the L.A. Building & Safety Department enforce the law for resident managers. Does B&S; enforce the laws on security or are they the concern of the city attorney?
A: The owner has the obligation to act reasonably regarding security issues. He also should warn the tenants about previous crimes committed in park or the neighborhood. If asked specifically about crime, he must answer truthfully. He does not have a duty to provide security or a security gate unless he is contractually obligated to do so.
If there is something written into your mobilehome-space rental agreement about security, then the landlord must live up to his contractual obligations.
As for trends in the security area, I am unaware of any trends that would make owners insurers of their tenants’ safety.
