Ramifications of Megan's Law for Property Owners, Managers

Ramifications of Megan's Law for Property Owners, Managers

27-Jul-1997 Sunday
(Page H-10 )

Robert Griswold, Steve R. Kellman and Ted Smith
This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of KSDO Radio's "Real Estate Today!" (Saturdays, 2-3 p.m., AM 1130) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: I am a property manager overseeing several large apartment communities in San Diego. I have heard a lot lately about Megan's Law about informing communities when convicted sex offenders move into a neighborhood. What, if anything, is required of owners or managers of rental property in complying with Megan's Law?

A: Griswold: The law is federal legislation signed by President Clinton in May 1996 that requires states to publicly disclose information about registered sex offenders.

The legislation was passed after the rape and slaying of 7-year-old Megan Kanka in New Jersey in July 1994. In September 1996, California passed a law that requires law enforcement agencies to disclose information about registered sex offenders.

As reported in the Union-Tribune, there are 4,625 "high-risk" or "serious" registered sex offenders in San Diego County.

Anyone over 18 years of age (and not a registered sex offender themselves) can access the information at either the sheriff's headquarters at 9621 Ridgehaven Court in Kearny Mesa or San Diego Police Department headquarters at 1401 Broadway. Searches can be done by name, county or ZIP code.

Owners and property managers are not required to perform criminal background checks on tenants or prospective tenants. Typically, landlords usually perform a credit and prior rental history background check only.

However, this is an area where the laws are changing and owners and property managers should seek legal counsel immediately if a Megan's Law question arises.

Q: A review of my rental records revealed that I had inadvertently overpaid my rent by $5 per month for a year. I deducted the $60 and attached a note of explanation to the new owners of my building. I then received a "Notice to Pay Rent or Quit" from the owner claiming I have three days to prove that I actually overpaid the $60. I feel that it is not my responsibility to compile this data to show proof as it would require a significant cost in time, bank charges, travel, etc. Am I responsible to gather proof or is the building management? If it is their responsibility and they continue to send me legal notices or pursue an eviction, would this constitute harassment?

A: Kellman: Generally, if a tenant overpays the rent, he or she is entitled to a credit or refund in the amount of the overpayment.

If there was an overpayment, you should be entitled to receive that credit or refund upon your request. Take caution, however, that a court may side with the landlord's demand for proof of the accounting, based on the long time (one year) passing without complaint. (A court could even rule that you have agreed to raise the rent by implied agreement.)

Proving the payments should be a very simple task. Merely compare your rent payments with the stated rent in the lease. The rent payments may be easily determined from receipts, canceled checks, bank statements or with the rent ledger of the landlord.

It would not be wise to ignore a three-day notice to pay $60 and invite an eviction lawsuit over this small amount. If you can't resolve the issue to your satisfaction, pay the disputed amount for now, noting the payment is "under protest," to prevent the filing of an eviction until you can sort the matter out.

Q: We have been renting a three-bedroom, two-bath home on 2.5 acres for over three years. We have no written lease with the owner; our agreement is verbal. We take care of all home and yard maintenance and deduct the costs from our monthly rental payment. In the three years we have dealt with a variety of problems, including major storm damage, bathroom retiling, stove-top replacement, ceiling fan installation, extensive landscaping, satellite dish repair and plumbing repairs. The homeowner has never even come out to check on the work we have done. My questions are: Do we have a legal lease or rental agreement? What recourse would the owner have if we were to move from the premises with less than 30 days notice? When we do vacate, are we liable for any repairs that the owner claims are substandard?

A: Smith: First, the agreement is legal, even though it's verbal.

You have been there for three years, but still have just a verbal, month-to-month tenancy. You or the owner may terminate this agreement with a written 30-day notice. You would owe 30 days rent from the day you give your notice so, if you move out before then, be prepared to pay, unless the owner finds a qualified replacement resident who moves in before your 30 days are up.

Some of the repairs you made should have been done by the owner -- California law requires rental operators to make repairs so the property is "habitable."

Despite your generosity, if the repairs you made were not within a workmanlike standard, it is my opinion that the owner has the right to do the job correctly and charge it to you.

He or she could use your security deposit for this or ask you to reimburse any substandard repairs.

It is hoped things can be worked out, since you were nice enough to pay for the repairs during tenancy.

Q: After nearly three years I am relocating and really need the full return of my $1,100 security deposit. My landlady informs me that I must have the carpets professionally cleaned and the windows and mini-blinds should be cleaned. I have no problem cleaning the apartment upon vacating but I am questioning the requirement to have professional carpet cleaning and the mini-blinds are so cheap they are sure to break. Are these legal requirements in order to receive a full refund of my security deposit?

A: Kellman: You will need to leave the unit in a clean and undamaged condition, less ordinary wear and tear, to secure the return of your deposit. That includes cleaning the carpets and mini-blinds. Dirt is generally not considered "ordinary wear and tear."

How you get the place cleaned is up to you. The law does not require that you hire professionals to do the job, only that the job is done.

If the mini-blinds break during normal use, which includes cleaning, it is not your responsibility since that would be "ordinary wear and tear." You should attempt to clean them but if they begin to break during cleaning, you may simply stop any further mini-blind cleaning and note the problem to the landlord.

To remove doubt and controversy, I recommend that you have the unit professionally cleaned with a service of your choice, at a price you are in control of. You will then have documentation that will make it very difficult for your landlord to claim any charges for cleaning from your deposit.

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