It's Landlord's Responsibility to Answer the Call of the Wired

It's Landlord's Responsibility to Answer the Call of the Wired

Robert S. Griswold | Steven R. Kellman | Ted Smith
25-July-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: Our tenants say that since they live in a rental, we are responsible for
all phone repairs. To receive phone repair service at our rental from the
phone company without charge, the tenant must subscribe to the phone
company proprietary prepaid service plan for $1.20 a month. Without this
service, a repair call is a minimum of $120. The phone company recommends all tenants subscribe to this service unless their telephone service is included in the rent. What is the real scoop on telephone wiring?

A: Griswold: You are responsible for all the wiring in your rental building
from where the phone line first connects your rental building to the
telephone network up to and including the actual phone jack(s) within the
rental unit. California Civil Code section 1941.4 requires that the
landlord provide at least one usable telephone jack and maintain the inside
telephone wiring in good working order. Any repairs to the interior
telephone wiring are the landlord's responsibility.

The landlord is required to provide at least one telephone jack. However, I
advise landlords to repair any telephone jacks that were working upon the
tenant's move-in. If the tenant discovers the phone doesn't work and the
problem is traced to the phone company's side of the line, there's no
charge. If the problem is traced to the tenants' phone or connection to
your phone jack, then the tenant is responsible.

Typically, when the landlord first is notified the phone does not work in a
rental unit, they should first plug in a different phone and associated
connecting cord into the problem jack. If that doesn't work, then the
landlord should contact the phone company and they will check their
equipment. That's the easy part. These two steps should isolate the problem
to the interior phone wiring within your unit.

As far as having the tenant subscribe to the phone company monthly service
plan, there is no legal obligation for the tenant to pay this monthly fee.

As landlords, we cannot protect ourselves against every potential problem.
There may be such a small probability of incurring these costly repairs
that it would pay to self-insure. Also, there are many private firms that
can address interior telephone wiring problems for more nominal hourly
rates.

Q: I recently moved out of an apartment that I occupied for more than 18
months. To get my full security deposit I returned to do the "clean-out"
the same day I moved. The unit was left cleaner than when I moved in.

I just received my security deposit accounting with quite a few deductions.
I agree with two of the items as I did damage the kitchen floor and there
was some damage to the exterior steps.

But I was charged for the routine cleaning they did prior to the next
tenant's move-in. What are the procedures for cleaning deductions?

A: Griswold: California Civil Code section 1950.5 provides that the
landlord can apply funds from the tenant's security deposit to address
three basic areas:

Unpaid rent

Damages, beyond ordinary wear and tear

Cleaning of the premises, if necessary.

The majority of tenant/landlord security deposit return disputes typically
focus on the latter two items.

In your case, charges for cleaning would be acceptable if it is necessary.
Note there is no "beyond ordinary wear and tear" exception or threshold.

In other words, the tenant must completely remove all dirt that accumulated
during their tenancy. You indicate that you left the unit cleaner than when
you moved in. This is a common issue.

The party that prevails is often the one that can best document the
condition.

For example, do you have a move-in inspection checklist or any other
writing documenting that the rental unit was not clean when you moved in?
Did the landlord provide you with a checklist when you vacated indicating
the rental unit was clean when you left?

Assuming there is no definitive documentation, ask the landlord for a
detailed cleaning invoice. It's possible there's an item that you missed.

If you believe the charges are unfair, send a written demand for the return
of the portion of your deposit you feel was improperly withheld.

Ultimately, you may need to take your dispute to small claims court. These
steps will be helpful as you present your case.

Q: I rent by the month, and my landlord of 10 years called last night to
announce the sale of the property to a person who wants it as a personal
residence. The buyer wants a 30-day escrow. This forces me out with little
time to find a suitable replacement. I would like to demand more time (60
days, if possible) and since the landlord is selling the house anyway, a
release from that 60 days' rental fees. Is this legally realistic, and if
not, what are my best opportunities at stalling for more time and less
payment obligation?

A: Kellman: It is shocking for many people to learn that a month to month
tenancy over many years carries no special rights over a short tenancy.

You do not build up any equity or other valuable rights as more and more
months pass. This type of tenancy is actually only one month long. It
automatically renews each month on payment of the next month's rent. It
then continues month by month, sometimes for many years, until either party
terminates it on proper written notice.

You do not have the right to demand more than 30 days notice before
vacating unless you have such a provision in your lease. You are
responsible for the rent until the expiration of the tenancy. You are not
entitled to free rent to offset the cost of moving. Therefore, the best way
to respond to your landlord is to cooperate and get as many days beyond the legally required 30 days as he is willing to give you.

Any extensions of time to move should be in writing. Be careful in that if
you do not move out on time, you may disrupt or cause the sale to fall
through. If this happens, you may be liable for damages.

I do not recommend taking action for no other purpose than to "stall" the
eviction. This could subject you to paying monetary penalties for those
actions. Of course, there are legitimate legal defenses and tactics, which
may naturally cause a delay in an eviction. Get legal advice.

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