Leak Ruined Tenant's Furniture; Landlord's Insurance Slow

Leak ruined tenant's furniture; landlord's insurance slow

01-Jun-1997 Sunday
(Page H-10 )

This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of KSDO Radio's "Real Estate Management Today!" (Saturdays, 2-4 p.m.) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: Late last year the roofs were replaced on my apartment building. I had never had any leaks. When I returned from a vacation, I found that my new roof had leaked and my bed and dresser were soaked and ruined. I made a claim for approximately $1,000 to the property manager and owner and they have turned my file over to their insurance company. The insurer has been impossible and has given me the runaround for nearly four months. Is there an agency where I can file a complaint against the apartment complex and the insurance company?

A: Griswold: Yes, you can file a complaint with the Better Business Bureau, the State Insurance Commissioner's office, and similar agencies. Other organizations or trade associations are typically not willing to handle tenant-landlord disputes.

However, the real question is what can you do to get your furniture replaced or the funds to replace it yourself. You indicate that you made a claim with the property manager and owner. This claim should be in writing and make a specific demand for your estimated damages.

If you do not receive satisfaction from your written demand, your best option at this point is to take the owner to court.

Luckily, your claim is for less than $2,500, so you can use the small claims division of the Municipal Court. Small Claims Court works for many tenant-landlord disputes, and the cost is reasonable. Both parties represent themselves without attorneys.

Most likely the owner will contact the insurance company and demand that it resolve the matter quickly so that the owner does not have to appear in court.

Another option is to contact the media. Each of the local affiliates of the major network TV stations has a consumer reporter, as do major newspapers such as the Union-Tribune. They may be interested in a case such as yours.

Q: I rent my fully furnished home for two to three months during the summer while I travel. I understand that California law requires that I provide a full accounting and/or return any balance of the security deposit within 21 days after the termination of a tenancy.

However, if I allow the tenant to use my personal telephone, then the long-distance calls may not be billed until well after the 21-day limit.

Can I charge a separate telephone deposit to be held until I am sure there are no more long-distance calls charged to my phone? Or can I return a portion of the security deposit and state that I am withholding a certain portion until my phone bills are cleared?

A: Kellman: Any money that you (the landlord) collect that is not rent or an application screening fee, will most likely be considered a general refundable security deposit.

If you call it a "telephone deposit." it is still a security deposit governed by the deposit law that requires an accounting and refund to be sent to the tenant within 21 days of moving out. If the refund is not made within this period, you may be liable to pay the tenant a $600 penalty if the noncompliance was in bad faith.

You would probably avoid the penalty by describing a good-faith reason for the delay, with assurances of expedited action on the deposit, in a preliminary accounting sent to the tenant within 21 days of moving out.

Griswold: Some long-distance carriers only bill bimonthly, which almost guarantees that you will not be able to provide a final accounting within the legally required 21 days. You can have the tenant pay a deposit directly to the phone company although you will still have a problem if the long-distance charges exceed the deposit.

Therefore, my best advice as a property manager is to either slightly increase your monthly rent to cover local phone service and block all toll calls (long distance, 900, etc.) or have the tenant put the phone in his name since he will be renting for two to three months.

Q: Our tenants of six years have been very good insofar as they pay the rent on time. However, they have abused the home shamelessly. The screens are missing and the beautifully landscaped yard is now just dirt. The yard was completely fenced but now the gates are missing. Can we charge the tenants for the fence repair and the screen replacement? If so, how should we charge them?

A: Kellman: The tenants have a responsibility to use the property in a normal manner without abuse or damage to the house or yard. The tenant would be responsible for replacing the screens and gates due to abuse beyond ordinary wear and tear.

The screens and gates, however, may be missing because they had worn out and the tenants simply removed them to avoid an unsightly appearance or dangerous condition. The responsibility for upkeep of the yard falls on the landlord to the extent of preventing any conditions that would affect health and safety.

Beyond that, cosmetic yard upkeep is a matter of contract between the parties. In the absence of a clear written agreement regarding yard maintenance, the law looks to the conduct of the parties to infer an agreement.

In your case, since the yard and fence may have been in its present condition for years, it may be inferred that all the parties have agreed and intend it to be the way it is.

Q: I live in a 12-unit apartment building. When the previous owner died his will provided one apartment rent-free for life to a friend. The new owners do not collect rent from this tenant, but I am wondering who is legally responsible for the maintenance inside this rent-free apartment?

A: Griswold: Of course, the only way to accurately answer your question is to review the will or other appropriate documents. However, assuming the documents are silent or not available, it seems that the current owners of the property are legally responsible for the maintenance required for this apartment under the standard interpretation of an owner's responsibility to maintain and repair rental property.

If you're a tenant or landlord, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 191, San Diego, CA 92112. Or you may e-mail them at rgriswold@retodayradio.com

Back to 1997 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com