To Rent in Coronado, Start Hunting Early

Robert Griswold | Steven R. Kellman | Ted Smith
25-Oct-1998 Sunday

This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of Real Estate Today! (KOGO Radio, 1 p.m. Saturdays) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

My husband and I are planning to relocate to San Diego in about one year. But we would like to start doing our homework regarding renting a home. Ideally, we would like to find a three-bedroom home in Coronado. We have two small dogs and two pet birds and need to know the rules and regulations concerning rentals with pets. Utility and telephone deposits would be helpful information to us. We have no children living with us.

A: Griswold: Currently, the availability of rentals in Coronado is extremely limited. I highly recommend that you begin your search early, but realize that the availability of a specific home will not be known until 30-60 days of your projected move-in date. This is because owners generally do not know if they will have a vacancy more than 30 days in advance and no owner would be willing to hold such a hot commodity off the market unless you are willing to pay rent immediately.

Regarding the utility deposits -- a lot depends on your current credit history and previous utility history, so you must contact the utilities directly. Call San Diego Gas & Electric, Pacific Bell, and American Cablevision for specific information.

Unless your pets qualify under the Americans with Disabilities Act, be aware that few landlords allow pets. The number of pet rentals is even smaller in our tight rental market. Owners who allow pets will typically have specific rules, including type, number and size, plus they will require a larger security deposit.

The maximum security deposit limit in California is two times the monthly rental rate for unfurnished units and three times the rental rate for furnished units.

Start your search early and tell people up front about the pets so you don't waste your time or theirs.

Q: I have a rental property that I am trying to rent. The prospective tenant -- because of poor credit -- offered in writing to pay me the last two months of rent in addition to the first month and a deposit. He did so completely voluntarily and without my demanding it. Is this legal or will I get into trouble for this?

A: Kellman: The law is clear that a landlord may demand, as security, an amount equal to two months' rent in an unfurnished unit (or three months' rent in a furnished unit) plus the first month's rent. Thus, if the rent is $700 in an unfurnished unit, the move-in cost should not exceed $2,100. The law also says that move-in money in excess of the first payment of current rent will be deemed to be part of the security deposit even if you call it something else. There is an exception to these rules for leases of more than six months where a tenant can pay six months' rent in advance. Of course, this is almost never done, and it is not advisable for a tenant to pay such an advance payment of rent.

If there is a foreclosure on the property or a bankruptcy during this prepaid period the tenant may be asked to move and lose that money.

Last, the fact that the tenant overpaid the security deposit "voluntarily" does not alter the fact that the deposit is excessive and in violation of law.

To avoid any problems, it would be best to refund the tenant the overpayment and adjust your accounting accordingly.

Smith: You need to be careful here.

A prospective resident's bad credit report is a red flag. If it is your policy to deny rental based on poor credit, you may legally refuse to rent to the prospect, despite the upfront money offer.

Legally, you may accept this much money, but designate all money other than the first month's rent "security deposit."

I'll let you decide whether or not you want to rent to this prospective tenant. Having represented landlords for 20 years, though, I see a possible eviction in your future.

Q: I have lived in the same apartment for just over eight years. My six-month lease expired years ago and, through threat of rent increase, I signed a second six-month lease about two years ago that has since expired. So, I am now on a month to month.

I am planning to move in two months. In the past, the management has informed tenants who have given notice that they have to sign a notice allowing the management company to show their unit prior to them vacating. Do I have to sign this?

For a number of reasons based on past experience, the presence of valuables and two cats, I absolutely do not want anyone in my unit until I vacate.

A: Griswold: The landlord (per California Civil Code section 1954) has the right to enter your unit during normal business hours with a minimum of 24 hours advance notice to you for the purpose of showing the unit to prospective renters.

Of course, while probably not satisfactory to you, the owner would be fully responsible for any loss of valuables or if your cats got loose, etc.

Smith: Robert correctly points out that California law -- despite your concerns -- allows the landlord to enter the premises upon proper notice.

Your management company asks that you sign a notice authorizing their entry. Management likes to keep the consent form in their files.

I have to warn you that even though you do not sign this form, they still have the right to enter. All that is required is a minimum of 24 hours' notice and entry during normal business hours.

You may, but are not legally required to, be present at the time of the entry. If you refuse to cooperate, you could be responsible for management's increased expenses by not being able to show the apartment to prospective residents who would be interested in renting it after your departure.

Kellman: Not only don't you have to sign such a notice, but it may not be legally binding on you even if you did sign one.

The law frowns on a landlord trying to have a tenant sign away their rights to privacy. In fact, any such signed notice or agreement, which takes away these rights, is void.

As related by Robert and Ted, there certainly is a law which allows a landlord to enter a rented dwelling for certain permissible reasons upon reasonable notice of at least 24 hours (except in emergencies).

Your fears about your property and your cats may be well founded but they do not allow you to disregard this law. You may place reasonable conditions on the entries, which give you a sense of increased security.

For example, you may request that the entries be made when you or someone you designate is present. You may insist that there not be a lock box installed at the property. While the law is unclear on this issue, most brokers will accommodate such a request.

A risk in refusing to allow the landlord the opportunity to show the unit may result in a delay in re-renting the place. The landlord may hold you responsible for the lost rent during that delay.

In the rental market today, with tenant hopefuls on waiting lists, the potential delay in re-renting your unit may prove so short as to not even be an issue. Despite this, common sense and cooperation are still the key in avoiding conflicts in that delicate balancing act between your right to privacy and the landlord's right to enter his own property.

Q: When I moved in, I sent a letter stating that the carpet in my unit was not clean (it was full of cat hair) and that I would leave it in the condition that I found it and would not accept any other cleaning charges when I moved out.

Given this situation and the fact that I have lived in the unit for over eight years (the carpet is the original that was installed 11 years ago), can they charge me for carpet cleaning? Other than normal wear, the carpet is not damaged.

A: Kellman: The general rule is that the landlord may deduct cleaning costs from the deposit upon moving out of the rental. This includes the costs for cleaning the carpet.

The law seems to assume that the rental, including the carpet, was clean to begin with. Of course this is not always the case, as it is with your place.

The letter you sent affords you some protection, except it is somewhat difficult to leave the exact amount of dirt in the carpet when you move, especially since the "dirt" was cat hair.

After all, how can you find the same cat?

Seriously, I recommend two ways to handle such situations. First, have the carpet professionally cleaned when you move in and ask that you be reimbursed for the cost. Then the carpet is clean as it should have been.

If they do not agree to reimburse you, you may give a copy of the receipt to the landlord and demand a credit against any carpet cleaning charge after you move.

The law will not support a landlord making you pay for the cleaning of the prior tenant's dirt plus your own.

Smith: Kellman, let's get real. After all, this tenant has lived in the rental for eight long years.

That means a lot of wear and tear from this tenant alone -- much more than the tenant will be able to attribute to the former tenant's cat. While some cat-related cleanup will be considered, all other cleaning and damages will be charged to this tenant.

As the landlord's attorney, let me warn the tenant that he should not pay to have the carpet cleaned, believing the landlord will fully reimburse him.

The tenant and landlord should meet and come to an understanding first, before he has the carpet professionally cleaned. If the carpet is cleaned without prior consent, there is bound to be a dispute over how much of the cost should be attributed to the prior tenant's cat.

So, beware. If the landlord and tenant do not come to terms, the tenant will be out of luck. He cannot expect reimbursement from the landlord.

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 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold@retodayradio.com

Back to 1998 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