Rent Watch Rent Watch (March 12, 2004)

Q: I own a duplex. I live in one side and rent out the other side. I know there are new requirements that apply to handling deductions from a security deposit. Do these new rules apply to me?

A: The changes to Civil Code 1950.5, which were effective January 1, 2004, apply to all rental properties regardless of size. The changes affect what documentation must be provided to a tenant when the deductions from a deposit exceed $125.

The new version of the statute requires an itemized statement detailing the time spent to repair and/or clean the unit as well as a reasonable hourly rate charged. If the work was performed by an outside business, the landlord must provide a copy of the bill, invoice, or receipt supplied by those who performed the work. If the invoice or bill does not contain the name, address and telephone number of the service provider, the landlord must provide this information.

If a deduction is for materials or supplies, such as a light switch, the landlord must provide a copy of the bill, invoice, or receipt for the item(s). If the landlord buys these items on a regular basis, the tenant must receive a copy of the bill, invoice or receipt, vendor price list, or vendor document that lists the cost of the item used in the repair or cleaning of the unit.

An example of a vendor price list could be a plumbing catalog that lists the per-unit cost. If a repair cannot be completed before the 21-day requirement for deposit settlement, a landlord can deduct a 'good-faith' estimate of the repair and list this amount on the itemized statement. If the estimate is because the party doing the repair has not provided the documentation, or the landlord is waiting for parts, supplies, or a service company, the name, address and telephone number of the service person or the parts/supply source must be listed on the itemized statement sent to the tenant.

Fourteen calendar days after completing the repair or receiving the documentation, a landlord must provide the receipts to the tenant. If desired, a tenant can waive his right for this information and receipts, but must do so in writing. If after receiving the itemized statement of deductions, a tenant changes his mind about receiving the information and receipts, he can take back his waiver within 14 days after receiving the deposit settlement statement.

Q: A friend is writing this letter for me. I'm new to America and my first language is Chinese, not English. When I applied for a rental recently, the manager and I spoke in Chinese but she had me sign a rental agreement that was printed in English. It has several statements I do not understand. Should I have received a rental agreement printed in Chinese?

A: Right now the answer is no. However, after July 1, 2004, Civil Code 1632 may require landlords to provide a written lease or rental agreement in the languages of Spanish, Chinese, Tagalog, Vietnamese, or Korean.

If the landlord or his agent conducts negotiations in one of these languages, then the rental agreements need to be in the same language unless you provide an adult interpreter to translate for you.

Subsequent notices such as a Notice of Change of Terms must be in the original language used, but not routine documents such as receipts. For now, talk with your landlord and request an agreement in Chinese or have your friend explain the statements you do not understand. Contact your local housing program for more assistance if necessary.

-- Rent Watch is provided by Project Sentinel.

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