How Landlord Can Get ‘Blind’ Justice

QUESTION: My tenant gave me a 30-day notice that she would move a few weeks ago, and we have just done a move-out inspection of the rental. When the tenant first moved in, she asked if she could take down the window blinds and substitute draperies. The draperies would be at her expense and she agreed to reinstall the blinds when she moved out. I agreed to this arrangement.

In the course of the walk-through, the draperies were still hanging and I asked if she intended to abide by our agreement. She tried to avoid the issue, but I insisted on seeing the blinds. The blinds were in the garage in a dusty pile, they were bent, and it was clear that I would have to replace them.

As calmly as I could, I told her that the cost of replacement would be taken from her security deposit. She became very angry and essentially said, “No way.”

I have a copy of the original sale receipt for the blinds, and our arrangement is part of the written rental agreement. Can I deduct the cost of the blinds from her security deposit?

ANSWER: One of the purposes of a security deposit is to cover you in such a situation. If the blinds are damaged, you can use the security deposit to cover the prorated cost of replacement. That means that the deductions can be made only for the remaining life of the blinds. If the type of blinds you had usually last five years, and you had them for four years, you can charge the tenant one-fifth (20%) of the cost.

If the tenant still objects after receiving the accounting of deposit, she has the option of going to small claims court. Better yet, you could contact your local mediation service to help the two of you reach a settlement.

Landlord Has No Right to Visit Tenant Daily

Q: We rent a charming house with a fenced and gated backyard. The only problem is that my landlord spends several hours each day in our backyard, planting, digging and pruning. He told us that he wants us to have a beautiful garden, and he has been working diligently for the last seven weeks.

When I go to the kitchen to make coffee, his is the first face I see in the morning. I don’t care about flowers; I just want some privacy. What can I do?

A: A tenant’s right to privacy is protected by California Civil Code Section 1954, which states when and under what conditions a landlord can enter rented property. Property owners are allowed to enter only in case of an emergency, with the permission of the tenant or under court order.

Landlords may also enter by giving reasonable notice, usually at least 24 hours, to make and assess the need for repairs and maintenance or to show the property to prospective tenants or buyers. Having the landlord present at the property daily, even if he does not enter your home, would be considered by most tenants an infringement on their privacy.

It is time to let your landlord know how you feel and to tell him that, despite his good intentions, you value your privacy. It seems that one of the reasons you rented this property with a fenced and gated backyard was to provide yourself with privacy.

Talk with the landlord and try to make him understand how you feel. If this conversation does not help, send him a letter referring to the Civil Code mentioned above. If he still persists, contact your local tenant-landlord program for assistance.

Don’t Give a Deposit Without a Receipt

Q: I applied for an apartment recently, and the manager required a $200 deposit to hold it for me while she checked my references. A few days later, I changed my mind and told the manager. Now she refuses to return my deposit. What can I do?

A: A holding deposit, money given by a tenant to hold or reserve an apartment until final paperwork is completed (credit check, reference follow-up, receipt of full payment, etc.) can be tricky and can create more problems than it solves. Both parties need to consider what the deposit is promising. Tenants and landlords need to establish a clear understanding, preferably in writing, of the terms of their agreement.

A receipt should always be given. It should state how long the unit will be kept available, what happens if one party changes his or her mind about renting, if and under what conditions the deposit is refundable if the unit is not rented and what the consequences are for a last-minute cancellation. If these issues are not clarified, misunderstandings can result and perhaps escalate into legal battles over breach of contract. You were fortunate to find another place so soon in today’s rental market.

Without a clear understanding of what your deposit promised, it is difficult to say if you are owed a refund. A compromise may be your best option. You should speak with the manager about your concerns or contact a mediation service for assistance.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087 but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council in your area:

Westside Los Angeles, call (310) 477-9260.

San Fernando Valley, call (818) 373-1185.

Pasadena, call (626) 791-0211.

El Monte, call (626) 579-6868.

Orange County, call (714) 569-0828.

San Bernardino County, call (909) 884-8056.

San Diego County, call (619) 699-5888.