Can security deposit go up with the rent?

Question: When I moved into my rent-controlled Los Angeles apartment two years ago, I paid a security deposit equal to one month’s rent.

Recently I got a notice that the rent and security deposit both were increasing by 2%. Is this OK under rent control?

Answer: This is permitted under Los Angeles city rent control. Your landlord can raise the security deposit with the same notice, at the same time and by the same amount when he raises the rent under the annual rent increase provision of the law.

Although the allowable rent and security deposit increase has been 3% for the last several years, your landlord apparently elected not to raise your rent last year and only to raise it by 2% this year. According to the law, the landlord cannot raise your rent again for another year.

Several options on a tenant switch

Question: I own a duplex in Playa del Rey. Two of the tenants who were roommates apparently moved out of their unit and their friend moved in. Is this an illegal transfer?

If the tenant can be removed, where do I get the paperwork and how do I go about getting rid of the tenant without going through the courts and using an attorney?

I have demanded one month’s security deposit, a month’s rent and an additional security deposit for the dog. She has not responded and the old tenants will not communicate with me.

Answer: Assuming that you have a lease or rental agreement limiting the tenancy to the two named tenants who preceded this new one, this is an illegal transfer of the tenancy. Since the new occupant is not actually a tenant, you will have to evict the former tenants to get rid of the new one.

Forms for rentals are available at most stationery stores. You can serve a “three-day pay rent or quit” notice on the previous tenants.

If they, or she, pay the rent, you will be creating a tenancy with the new occupant by accepting this money.

It is probably better to serve the former tenants with a three-day notice to perform covenant or quit (abide by the terms of the lease or rental agreement that limits the tenancy to the two people named on it).

If the occupant doesn’t move out after three days (not counting the day that you serve the notice), you may proceed with an eviction of all three parties.

There is no way to evict tenants without going to court. And although you may be able to evict the tenants without an attorney (acting as your own attorney), I wouldn’t recommend it. It is a fairly complex procedure that usually takes about two months.

If you lose on a technicality (not uncommon without a lawyer), you must start all over again.

I assume that you will accept the new tenant if she pays the rent and deposits that you are requesting. If she pays them, you will have created a tenancy with her and will subsequently be unable to evict her without cause.

Lease choices come with costs

Question: I live in an apartment building in Los Angeles that was built in 1989. In a letter, the landlord has given us three options when the lease is up. We can either sign a one-year lease with a 5.5% rent increase, a six-month lease with an 11.5% rent increase or a month-to-month agreement with a 15.5% rent increase. Can he do that? I thought rent increases in Los Angeles were limited to 3%.

Answer: Because your building is defined as new construction under L.A. rent law (Certificate of Occupancy first issued after Oct. 31, 1979), it is exempt from rent control. The landlord can do that.

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Postema is the editor of Apartment Age magazine. E-mail your questions on any aspect of apartment living to AptlifeAAGLA@aol.com, c/o Kevin Postema, or mail to AAGLA, c/o Kevin Postema, 621 S. Westmoreland Ave., Los Angeles, CA 90005.