Strategies to Help You Get Deposit Back When Moving Out of State
QUESTION: I plan to move to Colorado in a month or so. I will give my landlady a 30-day notice, but I am concerned about the return of my security deposit. I’ve heard from other tenants that she is really difficult about this issue. I know she has 21 days to return the deposit after I leave, but I fear that once I’m a thousand miles away, she’ll just stall. It will be too expensive for me to return to take her to Small Claims Court. Can I give power of attorney to a relative or a friend to represent me?
ANSWER: Unfortunately, no. In Small Claims Court, unless you are in the military on active duty outside the state, or are incarcerated, you must represent yourself. Your only option is to come back for the court hearing.
Nevertheless, there are strategies you may consider to avoid the need for an action in Small Claims Court. You may try to persuade your landlady to conduct a walk-through inspection on the day that you move out, and negotiate for an early return on your deposit. You may choose not to tell her that you plan to move out of the area and you could leave a local forwarding address--that of a friend or relative.
If the size of the deposit is large, you may decide that it’s worth the travel expense to return and go to court. Under California Civil Code 1950.5, the judge may decide to award damages up to $600 beyond the deposit refund. These damages are awarded only if the judge finds some evidence of bad-faith retention of the deposit, so there is no guarantee. Also, a local mediation program or consumer protection agency may be of help, even after your move to Colorado.
Tenants May Not Use ‘Withholding’ Remedy
Q: I need some advice on a security deposit deduction. Several months ago, a tenant requested that I pay for a decorative blind for an odd-shaped, window. Although there has never been a blind on this window and one is not necessary because of its location, I consented to pay up to $50, to keep my tenant happy. We agreed that it was her responsibility to pay anything above the $50 but my tenant paid an additional $70 to have the blind installed and then deducted $120 from the rent. I requested that she pay me the $70 as we agreed, but she refused, so rather than evict her, I decided to deduct the withheld rent money from her deposit.
Now that she has moved out and I’ve sent her the itemized statement, she says it’s illegal for me to make this deduction. To top it off, the blind is broken, so I’ve held back $50 until she has it repaired. Did I act properly?
A: Under the circumstances, your deductions are justified. Tenants are not allowed to use the “withholding” remedy for problems that do not fall under habitability, as designated by the Uniform Building Code. Your tenant tried to force you to pay for the window blind. Therefore, although you had the option of evicting your tenant through an unlawful detainer action for her failure to pay rent, you chose to avoid the unpleasantness and to make a deduction as allowed by Civil Code section 1950.5 (b). Additionally, since the blind is now broken, you are also entitled to deduct the reasonable cost of repair, or replacement if the blind cannot be made to operate properly. In the future, any agreements outside of the terms of the lease should be put in writing.
Can Landlord Charge More on Short Lease?
Q: I’m fairly new at this landlord game, and several of my tenants are at the end of their 12-month leases. I offered to write new 12-month agreements with a small rent increase, and all but one tenant accepted. This tenant refuses to enter into a new 12-month agreement, and that’s OK with me, but I intend to increase her rent more than I increased the others. She says I can’t do that, because she is entitled to pay the same rent as every one else.
Also, my mother lives in one of the units, and I give her a substantial discount. Unfortunately, this same tenant found out about this, and said it was illegal. Are any of her allegations correct?
A: No, on all counts. Except in rent-controlled areas where the amount of a rent increase may be limited by law, property owners may raise the rent to any rate, after giving a 30-day notice of increase. A way to protect yourself from accusations of making retaliatory or discriminatory increases is to establish written criteria and to apply these consistently. Some owners charge more for month-to-month tenancies, anticipating higher expenses associated with increased vacancies.
As for your mother, there are no legal restrictions that prevent you from charging different tenants differing rents for similar accommodations, provided that the rates are not retaliatory or discriminatory. Giving a reduction in rent to a close relative is pretty safe.
Can Landlord Deduct Locks From Deposit?
Q: I received my security deposit refund yesterday and was surprised to see that my former landlord had deducted $50 for changing the locks. I returned all of the keys that the landlord gave me, so I don’t understand why I should pay for this expense. Was this a fair deduction?
A: It is advisable for property owners to rotate locks upon move-out for security reasons, but this is not an expense that is normally deductible from security deposits, unless you changed the locks during your tenancy without your landlord’s permission. As long as you have returned all of the keys, the replacement of the locks by your landlord is not your responsibility. If you still have difficulties, contact your local tenant/landlord mediation program for assistance.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 582-B Dunholme Way, Sunnyvale, Calif. 94087, but cannot be answered individually. For help in the Los Angeles area, call the Westside Fair Housing Council at (310) 477-9260.
