60-Day Move-Out Notice Effective in 3 Cities
Question: In a recent column you wrote about a pilot project that requires property owners to give tenants 60-day notices to move out of rental properties in Los Angeles.
Does this apply to properties in the city that are not under rent control, such as the single-family house that I rent out? Am I required to give a 60-day notice or is a 30-day notice legal?
Answer: The 60-day notice-to-move requirement applies to all residential rental properties in the cities of Los Angeles, Santa Monica and West Hollywood.
Under a new state law, the 60-day notice requirement will apply to all of California as of Jan. 1.
Building Exempted
From Rent Control
Q: I rent an apartment in downtown Los Angeles and I am trying to determine whether it is under rent control. Although the building was built in the 1920s, it has been used only for residential purposes since the ‘80s. The landlord says rent control does not apply to this building. Is he right?
A: The landlord probably is right. In order to keep investors motivated to build new apartment buildings in Los Angeles, the City Council exempted new construction from the rent control law.
New construction is defined under the law as that for which a Certificate of Occupancy was first issued after Oct. 1, 1978.
If the building wasn’t used for residential purposes until the 1980s, the unit is exempt from rent control.
Security Deposit Use Is Limited by the Law
Q: I rented an apartment in Burbank. When the lease expired and I moved out, the owner refunded my deposit but he deducted $125 for painting, $110 for a scratched counter top, $75 for cleaning and $100 to replace the vinyl flooring. I checked the lease agreement and none of these deductions were mentioned. What can I do?
A: Under state law, security deposits can be used for three things: rent, cleaning and damages that exceed “normal wear and tear” (which also includes things like lost keys or remotes). Since they are covered by state law, deductions of the type you describe do not need to be specified in the lease.
All of the charges you mention seem reasonable. You don’t say whether you damaged the vinyl flooring, requiring its replacement. If you did, the $100 charge probably is reasonable. If not, you may be entitled to a refund.
If you deserve the refund and the owner won’t give it to you, you can sue in Small Claims Court.
Deposit Not at Risk for Month-to-Month Tenant
Q: I signed a one-year lease in June 2000, but it has never been renewed. Now I’m looking to move before June 2003. I have been told that since the lease was not renewed, I am renting on a month-to-month basis. Is this true or will moving jeopardize my security deposit?
A: Under state law, your lease automatically reverts to a month-to-month agreement if it is not renewed by the owner.
You, as a tenant, are not required to give the owners a 60-day notice to vacate. You are only required to give the owner a 30-day written notice of your intent to move.
If the lease had been renewed, your security deposit would have been in jeopardy by an early move.
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Postema is editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group. 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.
