January 20, 2006

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Classifieds

Publication Date: Friday, January 20, 2006

RentWatch
Q: I own several rental complexes and have always settled all security deposits within the required 21-day time period. I will be out of the country for three months next year and won't be able to honor the 21-day rule if a tenant moves during the time I'm away. Would the 21-day rule still apply to me?
A: California Civil Code Section 1950.5 states how a security deposit is to be settled. We believe it is very unlikely that your personal travel plans would be viewed as a valid excuse for you to miss the 21-day requirement, although ultimately that decision would be up to a small claims court judge. To avoid possible legal action during this time -- which could result in a judgment of three times the amount of a deposit -- you could hire a management firm to handle your rental affairs while you are out of the country.

If you decide to do this, send each of your tenants a notice with the management company's name, address, telephone number, contact person, and the time period this arrangement will be in effect. If you are not willing to hire a management firm, you should make other arrangements to meet your obligations under Section 1950.5, such as giving legal authority to a family member for that time period. For more information, contact your local housing mediation program.
Q: What is the rule about notifying prospective tenants when a previous occupant dies in a unit? The manager of the apartment complex I own is not sure what he is obligated to tell applicants.
A: California Civil Code Section 1710.2 covers your question. In general, the code states that an owner of real property, or his or her agent, is not obligated to disclose a death, or the manner of death, of a previous occupant if the death occurred more than three years prior to the date the prospective tenant offers to rent the unit. If the death occurred less than three years to the prospective tenant's application, the death must be disclosed, unless it was due to AIDS.

Under no circumstances, regardless of the time period, can a property owner or agent misrepresent the fact that a death, including manner of death, occurred if directly asked by a prospective tenant. This even includes if the manner of death was from AIDS. Contact your local fair housing program for more information.
Martin Eichner edits RentWatch for Project Sentinel, an organization founded in 1974 that provides landlord-tenant dispute resolution and fair housing services in Northern California and administers rental-housing mediation programs in Palo Alto and Mountain View. Call (650) 856-4062 for dispute resolution or (650) 321-6291 for fair housing.

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