Question: I purchased a rental property two years ago, and the security deposits need to be increased. Most of the deposits are $600 and need to be increased to $900. What is the best way to do this?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: If they are on a month-to-month agreement, you can serve a 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.
Question: Who is responsible for the expense of carpet cleaning and painting when a tenant vacates a unit? Is it 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 his or her security deposit. Painting may also be charged 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.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.