Former Tenant Awaits Deposit Return

Question: At the end of last month I moved from my apartment, after nearly six years. During my move-out inspection with the managers, they indicated that I would receive $750 of my $800 security deposit. How long does the manager-owner have to return my security deposit and am I due any interest?

Property manager Griswold replies:

There is no statewide legal requirement in California for landlords to pay interest on your security deposit. However, in several rent-controlled areas interest must be paid. Check with the local jurisdiction for the specifics.

Unless you have a written agreement indicating otherwise, the landlord does not owe you any interest.

Since you have lived at your apartment for nearly six years, the amount of time to return your security deposit may have changed during your tenancy. As of Jan. 1, 1994, the law was changed and the landlord has up to 21 days after you legally terminate your tenancy to provide a report on your security deposit and return any remaining balance owed you, unless you have a clause in your lease agreement that provides for a shorter time period.

Since you probably entered into your lease before Jan. 1, 1994, you may have a lease or rental agreement that provides for 14 days to account for your security deposit as this was the law in effect at that time. It is legal for the landlord to comply with this clause unless you subsequently signed a new lease or rental agreement or were served with a notice of change in terms indicating that the security deposit will be handled within 21 days as allowed under the newer law.

Owners Must Maintain Rent-Free Apartment

Q: I live in a 12-unit apartment building. When the previous owner died his will provided one apartment rent-free for life to a friend. The new owners do not collect rent from this tenant, but I am wondering who is legally responsible for the maintenance inside this rent-free apartment?

Griswold replies:

Of course, the only way to accurately answer your question is to review the will or other appropriate documents to see what the provisions of the bequest were. However, it seems that the current owners of the property are legally responsible for maintaining this apartment under the standard interpretation of an owner’s responsibility to maintain and repair rental property. Simply stated, the current owners must maintain the apartment in exactly the same manner as legally required for all of the other units in the building.

Owner, Tenant Should Share Upkeep of Yard

Q: Our tenants of six years have been very good about paying the rent on time. However, they have abused the home shamelessly. The screens are missing and the beautifully landscaped yard is now just dirt. The yard was completely fenced but now the gates are missing. Can we charge the tenants for the fence repair and the screen replacement? If so, how should we charge them?

Attorney Steven R. Kellman replies:

The tenants have a responsibility to use the property in a normal manner without abuse or damage to the house or yard. The tenant would be responsible for replacing the screens or gates if they are missing due to abuse beyond ordinary wear and tear. However, the screens and gates way be missing because they had worn out and the tenants simply removed them to avoid an unsightly appearance or dangerous condition.

The responsibility for upkeep of the yard is the landlord’s to the extent of preventing any conditions that would affect health and safety. Beyond that, cosmetic yard upkeep is a matter of contract between the parties. In the absence of a clear written agreement regarding yard maintenance, the law looks to the conduct of the parties to infer an agreement. In your case, since the yard and fence may have been in their present conditions for years, it may be inferred that all the parties have agreed and intend it to be the way it is.

Roommate Departure Raises Deposit Issue

Q: I recently began managing a small apartment community near a local university. One of three roommates sharing an apartment will be leaving at the end of this semester. Since the other two tenants plan to get a new roommate before the next semester, they want to leave the security deposit in place. Don’t I need to return the security deposit since it is my understanding that all three roommates on the lease have an equal right to the security deposit? How should I handle this?

Griswold replies:

This is a very common situation for owners that have rental properties. I suggest you simplify matters by using a Release and Assignment of Security Deposit form. Then when one tenant indicates he or she is leaving, you have the tenant formally release any interest in the security deposit and legally assign it to the incoming tenant. The outgoing and incoming tenants must handle any financial arrangements among themselves.

You should also make sure that your lease or rental agreement accurately reflects the current occupants. The use of the Release and Assignment of Security Deposit form simplifies this potentially complicated situation and minimizes the owner’s chance of getting embroiled in a roommate dispute over various tenants’ legal claims to the security deposit.

This column is written by property manager Robert Griswold, host of “Real Estate Today!” (KSDO-AM [1130], 10 a.m. to noon Saturdays), and attorneys Steven R. Kellman, director of the Tenants’ Legal Center, and Ted Smith, principal in a law firm representing landlords.

If you have a question, send it to Rental Roundtable, Real Estate section, L.A. Times, Times Mirror Square, Los Angeles, CA 90053. Or you may e-mail them at rgriswold.latimes@retodayradio.com. Questions should be brief and to the point and cannot be answered individually.