Upgrades Won’t Curb Rent Increase

Question: I have been renting a condominium for nearly five years now and despite my attention to all of the general maintenance items, I feel that it’s time for some upgrades, specifically the carpet and paint. The painting is needed only in high-traffic areas, but the carpet is 15 years old. Despite professional cleaning, it is faded and frayed.

I would also like to install a garage door opener, as the homeowners association is enforcing a requirement that vehicles be parked in the garage. I would be happy to do all the work necessary to find the best deals. I just don’t want my rent to go up as a result of any improvements. Would it be reasonable to ask my landlord to pay for any of this?

Tenants’ rights attorney Steven R. Kellman replies:

You face a common problem shared by many tenants regarding repairs or maintenance on non-habitability type conditions.

Although the law does not require carpets, they must be replaced when they become dangerous or unhealthful. Carpets generally have a useful life of about 10 years. Carpets that are faded and tired do not pose a habitability violation, but frayed material could since there may be trip hazards.

Paint usually needs at least some touching up after three years to maintain a good appearance, but the law does not require the paint to look good. Paint could become a habitability problem after several years with peeling or mold and mildew problems.

You may offer to share in the work to have these matters handled before they reach the critical stage. For example, your landlord could supply the paint and you could do the actual painting.

As to the carpet, you could offer to pay the labor costs of moving your furniture and possessions to minimize installation costs. The addition of a garage door opener is truly a convenience item and is supplied by some landlords only as an amenity. You could ask your landlord to purchase the opener to enhance the property and offer to pay to have it installed.

Although you are not required to do so, making these offers may achieve a real win-win landlord-tenant relationship. In this way, you both invest in the property to create a nicer place to live along with increasing the value of the property.

Of course, keep in mind that your landlord may raise the rent (in the absence of any rent control laws) without needing to first spend some money on repairs to justify that raise.

When Repairs Aren’t Met and Deposit Is at Stake

Q: I just moved into my apartment three months ago. We are already having problems as the front window leaks when it rains. Also, the heater has not been fixed, we have bugs, and several minor cosmetic repairs were promised but never completed.

I have never signed a written rental agreement, but verbally we agreed to a month-to-month tenancy. When I put down my deposit, the landlord just wrote, “must stay six months to get deposit back” on the back of the receipt.

I have called and reported these problems, but nothing ever gets done. Can I move? If so, do I get my full security deposit back? If I stay, doesn’t the landlord have to address all of my complaints?

Property manager Robert Griswold replies:

Verbal agreements of less than one year are enforceable yet not advisable for tenants or landlords. Since you are on a month-to-month agreement, you can move after giving your landlord a 30-day notice of your intention to vacate the premises. This time be sure to put it in writing.

California law is very clear regarding security deposits. I believe that the statement that you “must stay six months to get back deposit” is illegal if it is intended to make any portion of your security deposit nonrefundable.

All security deposits must be fully refundable. Sometimes you will see creative landlords call the security deposit by another name. For example, a cleaning deposit, pet deposit, performance guarantee fee or re-leasing fee.

But the California Civil Code is very clear that regardless of what the deposit is called, or to be used for, it must be fully refundable and any deductions are only for the legally allowed items contained in Section 1950.5. You should receive a full accounting of your security deposit, including a refund of any balance due to you, within 21 days of your vacating the premises.

If you stay, your landlord must address all health and safety issues. The leaking windows and broken heater would seem to qualify as health and safety or habitability violations. The issue of the bugs requires a determination as to the cause, and the responsibility will vary. For example, if the landlord can establish that the bugs are the result of your poor housekeeping, then the landlord would clearly not be responsible.

The other cosmetic repairs should be completed since they were promised; however, it will be more difficult to enforce this, particularly since you do not have anything in writing.

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If you have a question, send it to Rental Roundtable, Real Estate section, L.A. Times, 202 W. 1st St., L.A., CA 90012. Or you may e-mail them to rgriswold.latimes@retodayradio.com. Questions should be brief and to the point and cannot be answered individually.