Tenants' Romantic Problems Don't Qualify as a Lease Breaker

Tenants' Romantic Problems Don't Qualify as a Lease Breaker

Robert Griswold | Steven R. Kellman | Ted Smith
14-Mar-1999 Sunday

This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on AM1130 - KSDO radio, or on the Internet at www.retodayradio.com), 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, I moved into a home and signed a long-term lease with my boyfriend. The relationship is not working out. If we were able to advertise and find new tenants, could we break our lease and receive the security deposit back?

A: Griswold: Sorry, but relationship problems do not qualify as grounds for legally breaking a lease. Contact your landlord to see if he will cut you any slack. In today's rapidly escalating rental market, the landlord may even be able to rent your place for more money and will let you cancel the
remainder of your lease.

Check your lease carefully to see if you are allowed to sublease (as you suggest), but 99 percent of all California leases prohibit subleasing without the owner's approval (which they are not likely to give) -- so that idea won't fly unless your landlord is agreeable.

Otherwise, you and your boyfriend are both responsible for the entire amount of the rent each month until the owner re-leases the property.

Remember that it is the full monthly rental amount you are responsible for, not just your half." The landlord must handle the security deposit in compliance with California Civil Code section 1950.5 and provide an accounting and any balance after deductions within 21 days.

Smith: Your landlord has every right to expect full performance of the lease from both of you. Your personal problems are not the landlord's.

Oh sure, you can break the lease and vacate -- the landlord can't prohibit you from doing that. But he can hold you responsible for the lost rent after your departure.

If you give your landlord authorization, he will try to rent the apartment to qualified replacement tenants. You and your boyfriend will remain responsible until the house is successfully re-leased. You also may be held responsible for advertising and marketing expenses.

Unless the landlord is able to get someone else in there right away, it's unlikely that you will receive your security deposit back.

Q: I recently received a form from the property manager of my apartment complex asking me to verify that all of my windows and swinging outside entry doors had locks.

I returned the form and asked why sliding glass doors were not included, as they were also an outside entryway. I was informed that sliding glass doors had been excluded from the new law along with a few other entryways that were not as accessible as sliding glass doors.

It would appear that the intent of the law is to provide a safe and secure haven for renters. If sliding glass doors are not required to have locks, then it seems to defeat the purpose of the law.

A: Kellman: The law you refer to took effect on July 1, 1998. It requires a landlord to "install and maintain an operable deadbolt lock on each main swinging entry door of a dwelling unit" once the landlord is made aware of a door that lacks an appropriate deadbolt.

Interestingly, the law specifically states that it "shall not apply to horizontal sliding doors," which in many cases are used as a front or rear entry.

The law also does not apply to "louvered windows, casement windows and all windows more than 12 feet vertically or 6 feet horizontally from the ground, a roof or any other platform" and it does not require the installation of a door or gate where none existed on Jan. 1, 1998.

Clearly, many items excluded in the law should be reconsidered to provide good security. While the spirit of this law may be to increase security (which is much appreciated), it's true application to that end is limited. As to why so many other possible entry points were excluded, one can only
speculate.

The reality is, however, that all those excluded items would have cost landlords more money to correct. Lawmakers may be more influenced by powerful lobby groups for landlords than by not so powerful voices sympathetic to tenants.

At least your landlord should be commended for acting so quickly to be in compliance with a new law. Your landlord, however, will not do more than is required under the letter of this law simply because he does not have to.

Providing increased security for those excluded items are left to landlords who choose to follow the spirit of the law rather than only making minimum changes because they are required to.

Smith: Actually, the truth is that California landlords did not try to exclude sliding glass doors from the new law. Steve is flat wrong when he states this was a move by landlords to save money.

The latching mechanisms on sliding glass doors are designed to make them more difficult to break into. I can tell you that most landlords are happy to work with you on putting extra locks on sliding glass doors, even though they are not legally required to.

Q: I would be grateful if you could give us tips on recovering our security deposit from our last apartment in Alabama. We are from Britain and have only been in the United States a short time and find the laws very confusing. We moved to San Diego in early December 1997 after the
expiration of our second six-month lease in Alabama. We were told that we would have the deposit mailed to us soon after we left. Despite sending two letters, we have received neither deposit nor explanation. We have also tried to call, but we usually get an answering machine. This company
advertises itself as "The Extra Effort People" and I really feel they deserve to pay compensation for false advertising!

Smith: Landlord/tenant law varies somewhat from state to state. But, most laws are fairly consistent when it comes to residential security deposits.

You should have received a notice about the deductions from your deposit. They were less than honest with you about the deposit being mailed. You will need to file a small claims action in Alabama.

Maybe you can have a friend file the paperwork for you and appear as your agent. You'll be able to get a judgment and they'll be forced to pay the money they owe you.

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.sdut@retodayradio.com

Copyright Union-Tribune Publishing Co.

Back to 1999 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