‘Renovation Cost’ Proviso Violates State Civil Code

QUESTION: I have lived in a rented condo in Ontario for the last five years, and I am scheduled to move next month. I have enclosed a copy of the paragraph describing the security deposit from the rental agreement that I signed with the landlord.

It appears to me that he was very clever with the language in the agreement. It says the following:

“This agreement is contingent upon, and subject to the following:

“1. $695 deposit will be a ‘renovation cost.’ This is non-interest-bearing and will be used to put the property back in the same condition as it was received (i.e. painting, rug, drape cleaning, patching small holes in walls and ceiling, overall cleaning, such as bathroom and kitchen.) This may also be used toward any damage against the property.”

It does not state that I will be given a refund. Can the landlord use my entire deposit to renovate the unit? What is allowed by law?

ANSWER: Although charges for cleaning and damages are legal, I am unfamiliar with any state or local laws that allow “renovation fees” to be deducted from security deposits. This owner probably needs to renovate his rental agreement. Before 1979, landlords were allowed to charge tenants nonrefundable deposits, but not since then.

He is allowed to charge you for the actual costs of cleaning as well as for damages above and beyond “normal wear and tear.” Unfortunately, the law does not define “normal wear and tear,” and the judges who administer the law differ in their interpretations of it.

Nevertheless, if you had damages and cleaning costs equal to or exceeding the amount of the deposit, the landlord could use all of it to pay those costs. If not, you probably are due some refund of your deposit money.

I would first talk to the landlord about the situation. He may believe that his agreement is legal because you signed it and it authorizes the renovation cost. However, it is not legal, because it conflicts with the California Civil Code, which says that all such deposits are refundable.

If you are due a refund, and the landlord won’t give it to you willingly, your best bet is to sue him in Small Claims Court. You can also ask the judge for a $600 penalty for “bad faith” withholding of the deposit.

Both Sides Have Rights When Rental Is for Sale

Q: I have lived in a Venice duplex for the last 15 years. Now it is on the market to be sold. The owners want me to give a real estate agent a key to my place so she can show it whenever she needs to. I am not happy with this program. Do I have to give her a key?

Also, how can I make sure my way of life here doesn’t change with the new owners? For instance, I now control a garage. Can they take that away from me? And what about the $600 security deposit that I paid in 1981?

Finally, can the new owners make me move out or sign a new lease? If they make me move, am I entitled to compensation?

A: You do not have to give the real estate agent a key to your duplex. Under state law you are entitled to “reasonable” notice of the owner’s agent’s intent to enter the property. That is generally presumed to be 24-hour notice except in the case of an emergency.

For instance, the owner or agent could give you a notice today at 8 a.m. stating that they may enter the premises tomorrow between the hours of 8 a.m. and 6 p.m. to show it to prospective buyers. Of course, if the owners don’t have a key, you have an obligation to let them in, which may inconvenience you.

There is no way to make sure your “way of life” there doesn’t change. For example, new owners could prohibit you from using the garage, although they may have to compensate you for that if your unit is rent-controlled and the garage was an amenity included with the duplex. The amount of the compensation is probably the cost of renting a comparable garage.

As for your security deposit, it should transfer over to the new owner at the sale, who then becomes primarily responsible for it.

Also, the new owners may make you renew a lease that expires on the same terms, but they cannot force you to sign one if you are on a month-to-month rental agreement unless you agree to it.

Finally, new owners could make you move out of the duplex if they, or their close family members (like children or parents), intend to occupy it. If they do, and if the unit is rent-controlled by the city of Los Angeles, you are entitled to relocation money of either $2,000 or $5,000 (for seniors, the handicapped or renters with minor children).

L.A. Police Can Help With Noisy Neighbor

Q: I live in Hollywood, and the tenant above me often makes an inordinate amount of noise in the early morning hours. My landlady, who lives on the premises, contends, “That’s between you and him.” Is she right?

A: Probably. Unless the tenant makes enough noise to violate the city’s noise ordinance, it is between you and the other tenant if the owner chooses not to become involved.

To find out if your neighbor is violating the city’s noise law, call the Los Angeles Police Department’s Noise Enforcement Division at (213) 893-8120.

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Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group, and manager of public affairs for the California Apartment Law Information Foundation, which disseminates information about landlord-tenant law to renters and owners in California. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.