Rent Watch Rent Watch (January 28, 2005)

Q: My former tenant wants his security deposit refund in certified funds: either a money order or a cashier's check. I've always used a personal check for deposit refunds. If there is a refund due the tenant, can I use a personal check?
A: Unless the tenant's rental agreement states that any deposit refund will be settled by certified funds, you can continue to use your personal checks. If there are deductions from the deposit, be sure to send an itemized statement listing those deductions as well as receipts for any deduction over $126.
Q: Several months ago we had to break our lease because my husband was transferred to a new job. We worked very closely with the landlords and were able to locate several prospective tenants. The landlords made their choice and a new lease was signed with the new tenants.

We've received a letter from our former landlords stating that the new tenants changed their mind and are not moving into the house. The landlords say our lease is now re-activated and we must continue paying the rent. Do you think we still have to pay the rent?
A: It depends on how the new tenancy was created. If the property owners created a sub-tenancy for the new tenants under your existing lease, then you may still be liable for the rent. In this case, you would have had to sign an addendum to your lease to authorize the sub-tenancy or assignment of your lease.

If this didn't happen, then your original lease was canceled and your obligation for rent ended when the landlord and the new tenants signed the new lease. The landlord would have to pursue the rent from the new tenants.
Q: The new owners of my apartment have sent out a notice limiting the hours the children's play area will be open. The notice says children are not allowed in the play area and must be quiet after 4:00 p.m.

There are a lot of children in this complex and one of the attractions has always been the play area for after-school and early evening recreation. Is it legal to close the play area at 4:00 p.m.?
A: No. It is quite legal to have reasonable noise rules, such as "No loud noises after 10 p.m."

It is not okay to expect children to be completely quiet or not to play after school or during the day on weekends. People must allow for reasonable amounts of noise that children, as well as adults, make. Walls may be thin, windows may be open, and all of this can mean an apartment area can be loud at times.

Some loud noise is normal and reasonable in an apartment complex. It comes with living in close quarters in apartment buildings, and that's a fact of life.

Restricting the time allowed for play in the children's area in this manner is unreasonable. Project Sentinel suggests that closing the play area at 4:00 p.m. would violate fair-housing laws. It unreasonably restricts children's activities in a manner, which has a very negative impact on families.

Under the law, it is discriminatory to treat families with children less favorably than households without children. If you'd like more information about "familial status" discrimination, or other aspects of fair housing laws, please call your local fair housing agency.
Question for Rent Watch? Call Martin Eichner at Project Sentinel (408) 720-9888. Copyright 2005 Project Sentinel.

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