News: Security Deposit Collection

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  Question: If one tenant moves from one unit to the other unit within one building, can I deduct the security deposit to cover the damages and fix-up for the old unit, then ask them to redeposit the amount of money to make up the security deposit for the new unit? Answer: Yes, and hopefully your lease clarifies this right. If the tenant fails to pay, you can serve a three-day notice to perform conditions and covenants or quit. Question: I have recently purchased a 20-unit apartment building. Must I have an apartment manager on site 24 hours a day,… Read More

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Few things rile up a renter like a security deposit dispute. A single misstep could leave a landlord blindsided by allegations of wrongdoing. Don’t let ignorance of the law land you in court. The California Apartment Association’s four-part webinar series this fall starts with “Security Deposits: Collection & Return.” Other webinars will cover companion animals, insurance policies and new laws affecting California rental property owners.  The security deposits webinar, scheduled for 1 p.m. to 2 p.m. Thursday, Sept. 19, provides an overview of the following: Legal limits on amount and type of deposit Using the deposit during the tenancy The… Read More

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By Ted Kimball, Esq.  Question: A tenant wants to use the last month’s rent, which was paid at the time of the lease signing, for this month’s unpaid rent. If he is not moving out, can he do so? Answer: Not unless your rental agreement provides that the tenant can use the last month’s rent deposit at any time, which it should not do. Question: Can we use a recent Section 8 inspection report as a standard of habitability in an eviction case? Answer: The court will allow any relevant evidence that tends to prove the condition of the premises… Read More

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