Page 68 - AAGLA-JULY 2022

Legal
LANDLORD / TENANT LAW
Questions & Answers
With Kimball, Tirey & St. John
By Ted Kimball, Esq., Partner, Kimball, Tirey & St. John LLP
Question: Can residents sit outside their front door and drink beerorsmokecigarettes? Otherresidentsarecomplaining.
Answer: If the outside portion where they are drinking beer or smoking is part of the common area of the premises, you can restrict that activity so as long as it is restricted for all residents. If it is part of their rented space, you cannot, unless they are causing unreasonable disturbances to other residents.
Question: I purchased a rental property two years ago and the security deposits need to be increased. Most of the deposits are $1,000 and need to be increased to $1,800. What is the best way to do this?
Answer: If they are on a month-to-month agreement, you can serve a thirty (30)-day notice changing the terms of the tenancy to increase the deposit amount. You can charge up to twice the amount of the monthly rent if the unit is unfurnished. If the tenant is a member of the military the limit is one month for an unfurnished unit. Be cautious of rent control jurisdictions that may have other limits on the deposits.
Question: Who is responsible for the expense of carpet cleaning and painting when a tenant vacates a unit? Is its lawful to pass on this expense to the departing tenant?
Answer: Under California law, the carpet must be left in the same clean condition it was when the tenant first moved in. Any necessary cleaning is the tenant’s responsibility, and the cost may be deducted from theirsecuritydeposit. Paintingmayalsobecharged to the departing tenant if the need to paint arose out of extraordinary wear and tear while the tenant occupied the apartment.
Question: We rented to three roommates who all moved in at the same time. One moved out a couple of months ago and the other two moved out last month. All three were on the rental agreement and one is demanding that we give the entire deposit refund to him because he was the one who paid it. What should we do?
Answer: Either require the roommate to produce a written, notarized statement from the other two roommates granting their permission and consent or give him a check with all three names as the payee.
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