There’s No Harm in Those Uncashed Rent Checks

Question: Our landlord died in February 2000. We continued paying the rent to her daughter until December, but the checks were still written in the former landlord’s name.

The daughter never cashed any of the checks.

About three months ago she sent us a check for the security deposit refund with a note saying that she will be cashing our checks shortly and that she enjoyed having us as tenants.

We have not cashed the security deposit refund check. Is there any limitation on how long she has to cash the checks?

Although I agree that we owe her the rent, I don’t want the money sitting there waiting forever.

Answer: Although many business checks have expiration dates stamped on them, it is rare, if ever, that banks place time limits on cashing checks that are written on personal checking accounts.

Because you admit you owe the rent, and she has indicated that she will be cashing the checks soon (although three months doesn’t fall within my definition of “soon” either), I don’t understand what your problem is.

I also don’t understand why you haven’t cashed the check she sent you for the security deposit refund.

There is no good reason to hang onto it, except to help keep your checking account balance down.

If leaving that much money in your checking account (and, presumably it is a lot of money, 11 months’ rent) bothers you, you could always stop payment on the old checks and write her a new one. In the interim, if I were you I would count my blessings, particularly if you have an interest-bearing checking account.

Check Out L.A.’s Rent-Control Rules

Q: I live in Manhattan Beach now, but I have to move close to Cedars-Sinai Medical Center for medical reasons. In researching Los Angeles’ rent-control law, I have encountered many definitions of the law, some in conflict with each other. Can you direct me to the office that can provide me with the official guide to L. A. rent control?

A: For complete, accurate information about the Los Angeles rent-control law, contact the Rent Stabilization Division of the Los Angeles Housing Department. They are at 111 N. Hope St., first floor, Los Angeles, 90012. They can be reached by phone at (213) 367-9099, TDD (for the hearing impaired) (213) 367-9232, or by fax at (213) 367-9121.

Renter May Be Liable for an Early Move-Out

Q: I live in Los Angeles under a month-to-month rental agreement. Is there any legal requirement that requires me to give a certain number of days’ notice before moving out of the apartment?

Also, is there any law that requires me to pay rent for more than the number of days I occupy an apartment for a partial month of residency?

For example, I give two weeks’ notice on the last week of the month. I leave after one week of the next month and pay that one week’s prorated rent. Is that legal?

A: Under California state law, in a month-to-month tenancy you are required to give a 30-day notice of your intent to vacate the apartment. Because you have paid rent for 14 days (the last week of the month during which you gave notice plus the first week of the next month), you are potentially liable for up to 16 days of unpaid rent.

You are only liable for the rent if the owner does not re-rent the apartment in the 16 days following your moving out. If he re-rents it immediately (which is unlikely), you are not liable for any added rent.

It is illegal for landlords to collect double rents in California.

For instance, if he re-rents the apartment one week after you vacate, you are only liable for the unpaid, prorated portion of the rent (16 days minus nine days), which is the seven days the apartment remained vacant.

L.A. Security Deposits Do Pay Interest

Q: I have lived in this West L.A. single apartment since November 1994, when I put down a $400 security deposit. I do not know if this apartment is under rent control and would like to know whether this earned interest can apply to my security deposit.

A: If your apartment unit is covered under the L. A. city rent-control law, you qualify for 5% simple interest payments on your $400 security deposit.

To find out if your unit is rent controlled, call the city’s Rent Stabilization Division registration hotline phone number at (213) 367-9136.

Interest payments are due every five years and may be paid by cash or check or through rent credits the landlord can issue to you instead.

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Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.