Landlord May Be Pulling Lease Fleece

QUESTION: I had a six-month lease on a Studio City apartment. At the time, I told the manager that I might have to sublease the apartment if my grant ran out. It did three months later. I paid a $400 security deposit for the apartment when I moved into it.

I vacated the apartment on Aug. 13. All the keys were returned and the owner was notified at that time. The unit was rented well before the end of the month, for which the rent already was paid by me. This was verified by the electric utility company, although they would not give me a specific date at the time.

The owner called my grandmother and said that I owed an added $100 fee to be released from the lease, even though the apartment was already re-rented. She sent the money, but I am wondering if this is legal.

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ANSWER: This sounds like a lease release fleece. State law allows residential landlords 21 days to return security deposits and/or accountings of how they were used. As you may know, money from deposits may be used to pay for cleaning, damages above and beyond “normal wear and tear” or unpaid rent.

If the apartment were rented prior to the end of August, you would have some rent credit because landlords are prohibited by state law from collecting double rents.

You don’t mention any damages in your letter (which include things like broken remotes or unreturned keys), so I’ll assume that there were none. That means that you probably only owe money for cleaning the apartment.

Unless cleaning the apartment costs over $500 (your $400 deposit plus the $100 sent by your grandmother and any rent credit you may have coming), the owner probably owes you some money.

If you haven’t already done so, contact him and discuss the situation. If he won’t talk to you about it, you can file a lawsuit in Small Claims Court. There you can seek any refund you may be owed as well as a $600 penalty if the judge determines that the owner withheld the deposit in bad faith.

Renters’ Insurance Can Be Hard to Obtain Q: I am renting a small home in Granada Hills. In your Nov. 3 column you advised tenants to get renters’ insurance and said that it should be available at about $300 a year. I have been unable to find any affordable renter’ insurance.

Do you have any information about who is writing renters insurance? Since the 1994 Northridge earthquake, most companies do not offer it any longer. I am not looking for earthquake insurance, just liability coverage.

The one and only quote I received was from an out-of-state company. They quoted me $754 for $25,000 worth of coverage. Any information you can provide will be highly appreciated.

A: According to Matt Fuller, owner of Fuller Insurance Agency, “In L.A. and Orange counties it can be difficult to find renters’ insurance without prior coverage. However, it probably is a little easier to get the insurance on a single-family home than on an apartment.”

Fuller said the best place to start is to contact your auto insurance agent or company because you are an existing client and already have a relationship with them.

If that fails, you can contact a broker, who may place you with an out-of-state carrier or specialty market until you can establish a track record. After you have established a history, your options get better.

Clearing Up Confusion Over Security Deposits Q: In the Nov. 3 “Apartment Life,” you answered a question from a reader regarding deductions from security deposits for cleaning by stating, “California law specifically allows landlords to deduct money from security deposits for cleaning.”

I also have been stung by a tenant who convinced a Small Claims Court judge that I could not deduct a carpet cleaning charge from the security deposit.

At the court hearing, I had to agree with the tenant that he did not damage the carpeting and the carpet cleaning was occasioned solely by ordinary wear and tear. However, I pointed out to the judge that Section 1950 5 (b) (3) of the Civil code specifically provides for “cleaning of the premises upon termination of the tenancy” and this should include cleaning the carpet.

Since that ruling I have not deducted carpet cleaning fees from security deposits unless the tenants damaged the carpeting in some way, such as oil or ink spots or cuts and tears in the carpet.

For the benefit of small landlords like myself, can you give me any guidance?

A: Small Claims Court judges are not bound to follow the law. They are supposed to do what is “fair.” Unfortunately, you had only the law on your side.

Next time, don’t agree with the tenant that carpet cleaning is occasioned by ordinary wear and tear. It isn’t. Ordinary wear and tear refers to damages, not cleaning.

If you go back to court with a similar situation and get the same judge, you may “affidavit” him, meaning that you can request, and get, a new judge.

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Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.