February 2021 Apartment News Magazine

Page 18

LEGAL CORNER B y S tephen C. D uringer , E sq .

Questions & Answers I rented an apartment to four roommates quite a while ago. One of the four is now moving out, but the other three want to stay. The one moving out is demanding that I return his portion of the security deposit, he says that he paid it so he should get it back. Do I have to?

No, the security deposit remains with you as long as any of the roommates remains in possession of the rental unit. Often, owners and residents will enter into an agreement replacing one resident with another, thereby removing the one original resident from the lease. The agreement will further provide that the ‘new’ roommate pay the ‘old’ roommate his portion of the security deposit. Absent a written agreement to the contrary, the owner should retain the entire security deposit, then when all the remaining roommates vacate, the refund check should be made payable to all four of the original roommates named in the rental agreement.

My building has just enough parking spaces for my residents to each have one space. If a resident has more than one car, they must park it on the street. It has been working out fine for years but now I have this one tenant who refuses to follow the rules. He is constantly parking his second car in someone else’s assigned spot. I’ve told him several times, but he just ignores me. What do I do?

Your written community rules and regulations should specify your parking rules, specifically stating that only one vehicle may be parked on the premises, and that all parking is assigned. Ensure that you have the proper signage at the entrances of the parking area. Most cities require the sign to contain certain restrictive parking language, plus the local police department telephone number, and the California Vehicle Code section that provides for towing of unauthorized vehicles. Contact your local police department for its specific requirements, as they vary from city to

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city. Next, if you know the offender, provide a written warning of the violation. Attempt to serve it at his residence, post it on his door if he’s not in, and also put the warning on the windshield of his car. If practical, take and save a photograph of the warning on the vehicle windshield, because the offender will always claim that you did not give prior notice before towing. If he fails to remove the offending vehicle, the car may be towed, according to the terms of your parking rules. I’m getting conflicting advice about whether or not I must rent to someone who does not have a valid social security number, nor an official picture ID. Seems like most of the attorneys and the Fair Housing guys say I ‘cannot discriminate’ and that I must rent to all, regardless of whether or not the prospect can prove who he is, or verify his tenancy history, or his ability to pay the rent. I have been following that advice for years, and now have a building full of undocumented people, who I could never find in a million years if I ever had to collect from them. The rent usually gets paid, but the building, and the neighborhood, look like hell. I want to take my building back, and only rent to persons who qualify, who have verifiable identities and credit, and who are good credit risks. What are my rights?

The dirty little secret is that our industry has passively allowed this erosion to Legal Q&A — continued on page 18


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