There Are Limits Set for Security Deposits

Question: Although I am a long-term tenant in my apartment, I was never asked to pay a security deposit. The original owner of my apartment building recently died, and her heirs have sold the property. The new owner wants to collect deposits from all tenants. Since we never had to pay a deposit before, can the new owner do this? And if he can, how much can he collect?

Answer: If you are on a month-to-month rental agreement, the new owner has the right to collect a deposit. To do this he must give you a 30-day notice of change of terms of tenancy, requesting the deposit.

If you are on a fixed-term lease, he must wait until the end of the lease to collect the deposit. The maximum amount he can charge is twice the monthly rent for an unfurnished unit and three times the monthly rent for a furnished unit.

If the deposit amount is too large for you to pay at one time, the landlord may be willing to accept payments along with your monthly rent.

You may also try to negotiate a lower amount, particularly if you can convince the landlord that over the years you have been a responsible tenant. You might also suggest to your landlord that the two of you do a “walk-through” inspection when you tender the deposit and again at the end of your tenancy.

Change Rental Pact to Specify Pet Deposit

Q: I have a long-term tenant who wants to get a cat, and I have agreed. However, because I’ve never allowed pets before, I don’t know what to do about collecting a pet deposit or changing her rental agreement. Any suggestions?

A: If you are changing your policy for all your tenants, be sure to have a firm written policy as to what type of pets you will allow. Is a snake OK? Must a cat be an indoor cat only? How large a dog will you allow?

Once you’ve made these decisions, the easiest way to collect additional deposit money is to give your tenant a 30-day change of terms notice that states the additional deposit due.

Just remember that California Civil Code 1950.5 states the total amount of a deposit collected cannot be greater than twice the monthly rent for an unfurnished unit or three times for a furnished unit.

Though you may collect a larger deposit, again up to the legal limit, from tenants who own pets, you may consider not labeling a portion of the deposit as a pet deposit. A pet deposit can be used only for damage done by the pet, not by the tenant. As far as the rental agreement is concerned, you can prepare an addendum to the agreement that includes the approval of the pet.

Options Exist to Get Tenant to Pay Full Rent

Q: I own an apartment complex. I often rent two-bedroom units to individual tenants who want to share housing. In the past, whenever a roommate moved, I’d find a replacement, with the remaining roommate’s approval, and I’d write a separate agreement making the new roommate responsible for one-half the rent. I’ve done this for many years, but now I have a problem.

A roommate is moving now, and the remaining tenant says he will pay only one-half the rent as indicated on his separate rental agreement. I now realize that my separate agreements leave me in a poor position to collect the full rent. I really like the remaining tenant and want him to stay, but I need the full rent. What can I do to correct this situation?

A: If your separate agreements state that each tenant is responsible for one-half the rent, you may have a difficult time collecting full rent from the remaining tenant. The way your agreements are set up is unusual.

In most roommate arrangements, the landlord has one rental agreement stating the full monthly rent and naming each roommate as a co-tenant. This makes each tenant responsible for the full rent even if one tenant moves.

There are several options to correct the situation in which you now find yourself. You can give the remaining tenant a 30-day notice of change of terms, which will increase his rent up to the full amount after 30 days.

Or, if you really want your tenant to stay, you can waive the unpaid rent, find a new roommate quickly and rewrite the agreements so the existing tenant understands his tenancy has changed.

Discuss Parents’ Long Stay With Landlord

Q: My parents, who live out of state, are coming to visit me next month. I want them to stay with me in my apartment, but I just re-read my rental agreement, which limits guests’ visits to no more than 15 days in any six-month period. Can the management enforce such restrictions?

A: Yes. Many property owners include such a clause in rental agreements because they want to avoid a “guest” becoming a permanent roommate.

There is also the issue of additional wear and tear caused by long-term guests. If a tenant violates this agreement, the owner may have grounds for terminating the tenancy.

You may want to talk with your apartment manager and explain that you are not adding “secret” roommates. As evidence, you might show your parents’ itinerary or return airline tickets. Also, you could provide the manager with a signed statement that your parents will leave by a specified date.

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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.

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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, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (888) 777-4087

Carson: (888) 777-4087

El Monte: (626) 579-6868

Hawthorne: (888) 777-4087

Lancaster: (888) 777-4087

Long Beach: (562) 901-0808

Pasadena: (626) 791-0211

Redondo Beach: (888) 777-4087