A Fee for Changing Apartments is Illegal

A Fee for Changing Apartments is Illegal

Robert Griswold | Steven R. Kellman | Ted Smith
02-May-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: I live in a senior-citizen apartment building. One of my friends had a stroke and was put in a convalescent home. She had an upstairs apartment. The doctor has contacted the managers and said she must now live in a downstairs apartment. The managers have told her that she must pay a
nonrefundable charge of $500 in order to relocate to a downstairs unit.

Is this true, and is there a cap that a manager can charge for relocation? If managers are calling this a security deposit, then how can it be nonrefundable?

A: Griswold: You are correct that if the $500 is a security deposit, it must be refundable.

Furthermore, a transfer fee of $500 would be illegal. Recent case law questions the legality of any relocation or transfer fee.

My guess is that the $500 is the new security deposit for the new downstairs unit (this is legal to charge, but it must be fully refundable).

Naturally, your friend should receive a formal accounting and any remaining balance from the security deposit on the upstairs unit within 21 days of vacating.

Your friend has the right to request the transfer to a downstairs unit (subject to one being available, of course) per the doctor's instructions and per their rights under the Americans with Disabilities Act.

The cost to move, transfer utilities, etc. are obviously the total responsibility of your friend. The owners just have to offer the downstairs unit if available and can charge a new refundable security deposit just as if there was a new tenant moving in.

Then they must return the deposit for the upstairs unit. This is required under California Civil Code section 1950.5.

Q: I am a tenant in a townhome. I understand that under California law heating systems must be in good working order, but is there also a clause for cooling systems to be in proper working order?

With summer on the horizon, our air conditioning bill can run at $200 plus a month, while only being on from 8 a.m. to 8 p.m. Neighbors, who I assume have the same type of air-conditioning units because they're in similar townhomes, say their bills are closer to $130 a month, with the units
running 24 hours a day.

I have complained to the landlord with no success. What can I do?

A: Griswold: A cooling system is not an element of habitability; thus, there are no rights under the state law.

The matter is more of a contract issue -- you rented the unit with an air conditioner and the unit is not functioning properly. You may want to consider hiring an air conditioning repair person yourself to check out the unit.

Any repair cost may be returned to you through lower utility bills. Or the fact that the other people "run" their units 24 hours a day and their bills are lower may be explained by a couple of things: They are running only the fan, or their system has been more recently serviced -- new filter, lubrication, etc. (this is where the service call could be helpful).

Smith: Robert's correct. Air conditioning is not an item of habitability defined by California's laws.

Maybe you could make that argument in desert communities in the middle of summer, but not in more moderate Southern California areas.

Air conditioning condensers typically are expensive to run. You are solely responsible for this bill and you cannot ask your landlord to pay for it.

Since the landlord is not responsible, the best you can do is ask for assistance. You might want to have the air conditioning system checked out yourself.

If you go this route, let me caution you: Do not withhold rent based on your belief that the landlord should make the repair to the air conditioning.

If you do, you could find yourself on the receiving end of an eviction lawsuit.

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.

FHEO Logo

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