Families Have Right to Obtain Housing

QUESTION: I made an appointment with an apartment manager to view a two-bedroom unit. The manager seemed rather enthusiastic during our phone conversation, but when I arrived at the complex with my 6-year-old son and infant daughter, her attitude changed. The manager muttered something about our needing a larger unit and then reluctantly gave me an application form.

Should I even take the time to fill it out? I really don’t think that she will seriously consider renting to me.

ANSWER: If you like the unit, you should definitely fill out the application. You are the only one who can decide what is best for you and your family.

Guidelines from the Department of Fair Employment and Housing suggest that owners should allow two people per bedroom plus one additional person per unit and you are below the maximum number recommended for a two-bedroom unit.

If the manager decides not to rent to you because of your children or family size, she is discriminating based on your familial status.

Such discrimination is prohibited under the California Unruh Civil Rights Act as well as the federal Fair Housing Amendments Act of 1988. Your city may also have ordinances prohibiting discrimination based on familial status.

So go ahead and fill out the application. If you are not offered the unit and feel that it is because you have two children, you may contact your local fair housing office or the California Department of Fair Employment and Housing.

Tenant Must Pay When Damage Isn’t ‘Normal’

Q: Because my tenant is moving out in a few days, I recently inspected the property with him. The place was a mess. It was filthy, windows were broken, walls were marked with crayons and there was mold in the bathrooms.

His deposit is only $400, and, conservatively, it will take several times that to put the house back into rentable condition. When I complained about the damage, he said that everything was normal wear and tear and that he expected his full deposit back.

At this point, before be vacates, what should I do?

A: You might start by having a discussion with your tenant, explaining that not only is his deposit at risk, he may also be charged for more if he doesn’t do some cleaning and repair of the damage. “Normal wear and tear” do not apply to damage and neglect.

What are normal wear and tear? For example, if an apartment has a garbage disposal that breaks because of age, the tenant would not be responsible for its repair or replacement. If, however, it breaks because of the tenant’s carelessness, the tenant would be responsible.

If the house is not in good condition when your tenant leaves, take still photos of the damage and unkempt areas. If you use outside vendors to do cleaning and repair, save the bills or invoices; do the same for anything you need to buy, such as doors, window glass, etc.

Be sure to get your accounting of expenses to the tenant within the 21 days required by California Civil Code 1950.5 (or a shorter period of time, if so stated in your rental agreement).

If you and your tenant cannot agree on a resolution, you may want to contact your local mediation program for assistance. You also have the option of using Small Claims Court for your area.

30-Day Notice Isn’t Necessary With Lease

Q: My tenant’s lease expires in a month. I don’t want to renew the lease, and I am unsure of what to do. Should I give her a 30-day termination notice?

A: A 30-day notice is used to end a month-to-month tenancy; a lease terminates at the end of its term, so no notice is required.

If you accept rent for a period beyond that date, you would have extended the tenancy on a month-to-month basis. Once the tenancy converts to a month-to-month tenancy, you need only give a 30-day notice of termination of tenancy to your tenant.

It is always a good idea to talk this over with a tenant before the lease ends to avoid any misunderstanding or to send a courtesy letter explaining your intentions not to renew the lease or to extend the tenancy.

Landlords Responsible for Returning Deposits

Q: We are moving from our rental home in a few days, and the landlord has said he has no money to return our security deposit. What can we do?

A: The owner of a rental property is obliged to return your deposit within 21 days (or in a shorter time, if it is so stated in the rental agreement).

Although there is no requirement that landlords keep the deposit in a special account, landlords should not use the money for anything that is not related to the deposit, such as the cost of repairs, cleaning, reimbursing the tenant, etc.

The excuse of not having the money is not legitimate. How he comes up with the money is his problem, not yours.

If you cannot resolve this situation on your own or through mediation, you may decide to file a legal action in Small Claims Court.

To prepare for that possibility, you may want to take some precautions before you leave. For example, take photos of your home and yard. It probably would be better to use a regular camera rather than a video; most likely there would be no video monitors in a courtroom.

Ask a friend or co-worker who would be willing to testify in court to inspect the property thoroughly. Keep receipts from cleaning services or other vendors to show that you properly maintained the property and left it in good condition; these as well as the photos will be useful if you have to resort to Small Claims Court to retrieve your deposit.

You may also want to contact your local mediation service for assistance in obtaining your refund without having to file in court.

Tenant Should Cash Partial Refund Check

Q: I moved out of my apartment and have received some of my deposit back. The deposit was $600, and I got a check for $350. I don’t think they are justified in keeping all of the $250, and I am going to dispute it. But what should I do with the check for $350?

A: Cash it or deposit it. Since the refunded amount is not under dispute, cashing it does not signify that you are accepting this amount as a final settlement.

Even if the owner has written something on the check, such as “final payment,” or anything that implies that this closes the account, you can show your disagreement by crossing it out and initialing it.

Out-of-State Owners Can Be Taken to Court

Q: I moved out of my apartment more than a month ago but have not received any word about my security deposit. I know I am entitled to a response within 21 days, but the manager of the complex says that it is the owner’s responsibility, and the owner has not responded to the manager’s requests for action.

I contacted the assessor’s office and found out that the owner lives out of state. I have written to her but have received no response. I understand that I cannot file a legal action in Small Claims Court if the defendant lives out of state. What can I do?

A: It is true that you cannot use the Small Claims Court if a defendant (the person being sued) lives out of state--with one important exception, which benefits you.

You can sue a California real property owner who lives in another state if the claim relates to that property. This means that you can sue your former landlord for the return of your security deposit, although she lives out of state.

You can ask the court to serve the defendant, or you can use a process server who operates in the defendant’s (landlord’s) community.

Additionally, if the absentee owner is using a property management company, you can name the CEO of that entity, or, if you paid the deposit directly to the manager who has acted as the owner’s agent, that person can be named.

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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 Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (888) 777-4087.

Carson: (888) 777-4087.

El Monte: (626) 579-6868.

Hawthorne: (888) 777-4087.