This column is being presented by the South Coast Apartment Association 949.955.3695.  Ted Kimball is a partner with Kimball, Tirey & St. John, which specialize in landlord/tenant, collections and business and real estate. For questions regarding the contents of this article, call 800-338-6039 or visit www.kts-law.com

Question: My great grandfather died last year and left me his home.  I am trying to rent the house and my Realtor told me that I am required to inform prospective tenants of the death of my great grandfather because he died in the home.  Is this really true?  If so, what is the purpose of this crazy law?

Answer: Because it has been deemed to be a material fact to consider when purchasing or renting a home, California requires sellers and landlords to inform prospective purchasers and tenants if a death occurred in the premises during the last 3 years and the nature of the death, unless the death was caused by an HIV related illness.

Question: I want to rent out our condominium (we are buying a new house) and I need to know how much I can charge for a security deposit.  Can I also charge a cleaning, pet and key deposit?

Answer: California law limits the amount of a residential security deposit to twice the amount of the monthly rent if unfurnished, or three times the amount of the monthly rent if the property is furnished.  The legislature recognizes all deposits as a security notwithstanding how the parties are identifying it.  All deposits, taken together, cannot exceed these limits.

Question: The lease for one of my tenants expires at the end of this month.  He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair.  He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do?

Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 days from the date the tenant vacated the unit.  The law also provides that the deposit shall not be used without the owner’s permission until after the tenant vacates.  Since the tenant has failed to pay rent, a 3-day notice to pay rent or quit may be served.  If the tenant fails to comply, an eviction may commence to produce a judgment for possession and monetary losses.

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