Renter paid in full -- and then some

Question: I may have paid too much for my security deposit. I’ve lived here seven months and my rent has always been $975 a month. I paid a $1,950 deposit plus $200 for a pet deposit. A friend says that this is too much and that I’m entitled to a refund of $200. Is this true?

Answer: Your friend is right -- if your apartment was unfurnished. If this is the case, the maximum amount you should have paid was $1,950 ($975 multiplied by two). California Civil Code Section 1950.5 defines the maximum amount a landlord can collect depending on the type of unit being rented. The maximum amount for an unfurnished unit is twice the monthly rent, and the amount for a furnished unit can be three times the monthly rent. Additionally, landlords are allowed to collect 2 1/2 times the monthly rent for a waterbed.

How the deposit amount is designated is up to the landlord. For example, the amount could be defined as security deposit and pet deposit or entirely as a security-cleaning deposit. Some landlords use the term “cleaning deposit” instead of “security deposit,” but they mean the same. Regardless of what it’s called, the total of all money being held by a landlord for future issues is limited to the same maximum.

You should contact your landlord as soon as possible to arrange a refund. If this matter is not resolved, contact your local housing mediation program for assistance.

2 rental units, and meter’s running

Question: The rental duplex I just purchased has only one utility meter for both units. The current tenants have worked out a payment plan that suits them, but I’m concerned about how to handle the situation for future tenants. Do you have any ideas?

Answer: Before you are faced with the turnover of a tenant or tenants, be aware that Civil Code 1940.9 requires that you disclose the “single utility meter” situation prior to the beginning of a tenancy.

You should talk with the current tenants to learn how they have worked this matter out to each other’s satisfaction. Perhaps their solution will give you an idea of how to handle future tenants.

If you need to devise your own solution, you should think about applying a reasonable formula, such as one based on the size of each unit.

Whatever the arrangement, it should be put in writing, and signed and dated by all parties to avoid future differences of recollection.

Is tenant’s request just a little fishy?

Question: One of my tenants wants to get a large aquarium of freshwater fish. His doctor says the fish will minimize his stress and help reduce the amount of medicine he must take. I’m concerned about water damage the aquarium may cause. Are fish considered a protected category for the disabled?

Answer: Yes, fish can be legitimate companion animals. There have been studies suggesting that aquariums full of fish reduce stress levels. The crucial question is whether a person’s doctor or healthcare provider is willing to attest, in writing, that his or her patient is disabled and that the disability-related needs of the patient require the aid of such a companion animal. If the tenant provides this documentation, you must allow that person to have the animal. Of course, any damage or cleaning costs that result from the aquarium are the responsibility of the tenant and may be deducted from his or her security deposit.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale CA 94087, but cannot be answered individually. For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.