Landlord’s in a bad spot: That’s no excuse for keeping deposit
Question: It’s been more than 21 days since I moved from my apartment, but the landlord has not returned my deposit.
When I requested it, she said I would get a full refund but that right now she didn’t have the money to pay me. She said she is allowed an extension because of her financial situation. Is this true?
Answer: Your question is covered by Civil Code Section 1950.5. This statute allows for additional time beyond 21 days for a landlord to return a deposit but not for the reason your landlord has given.
In general, this code says a property owner must settle a deposit within 21 days after a tenant vacates with either a full or partial refund or a bill if the deposit amount is not sufficient to cover the damage charges. If the deductions exceed $125, adequate documentation, such as repair invoices, must be included. The property owner must still provide a statement to the tenant within the 21 days even if the deductions do not exceed $125.
Financial hardship is never an excuse for a landlord to avoid the obligations required under California law.
The only permissible extension for these obligations is when work or materials are being provided by outside vendors who have not provided the proper documentation to the landlord within the 21 days.
In that case, the property owner may deduct a good-faith estimate of the undocumented charges along with the vendor’s name, address and telephone number in order to meet the 21-day requirement.
Within 14 calendar days of completing the repair or receiving the documentation, the landlord needs to send a final settlement statement along with the documentation and receipts to the tenant.
Sorry now about making promise
Question: In an effort to increase my monthly income, I decided to rent out two bedrooms in my home.
A friend put an ad in the local newspaper saying that the rooms were “cable ready” even though they were not equipped with cable outlets at the time.
I accepted two applicants and signed rental agreements with both. The agreements state I will provide cable but now I realize I can’t afford to do so.
The tenants say I must install cable because it was listed in the ad as well as the agreement. Do I have to provide cable?
Answer: Because the offer of cable was listed both in the ad and the rental agreement, you have made an “express” offer to provide cable access.
If you can’t afford the cost, perhaps you could negotiate with your tenants to share in the expense or have them pay the installation charges and then deduct a prorated amount from the rent for a few months.
Without OK, lease can’t be amended
Question: I signed a one-year lease two months ago that says the landlord pays for gas and water and I pay for garbage services. The landlord now says she made a mistake and I should be paying for electricity also.
She wants me to sign a new lease that includes electricity. Can she do this?
Answer: Unless you agree to allow the change, conditions of a lease cannot be altered during the period of the lease. If you don’t agree with this change, the landlord must wait until your lease expires to make the change or offer you some consideration in exchange for renegotiating these terms.
The landlord also has the option of not renewing your lease when the time period expires.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions, to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, Calif. 94087, cannot be answered individually. For housing discrimination questions, complaints or help, call the state Department of Fair Employment and Housing at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.
