Landlord Gets Complaint About Deposit Deduction for New Locks

QUESTION: Since I started renting out my condo, I explained to all my tenants that for their protection, I change the locks at the end of each tenancy and deduct a modest amount from their security to pay for the new locks.

I even included a paragraph in my rental agreement, signed by me and my tenants, explaining that tenants are responsible for the cost of re-keying the unit.

For the first time, a tenant has complained and is asking that I return the $45 “lock fee� that I deducted from his security deposit. Must I do so?

ANSWER: Your practice of withholding a portion of the security deposit to pay for new locks is in violation of California Civil Code Section 1950.5, which specifies that the entire deposit must be refundable.

By establishing a mandatory fee, you make at least a portion of your deposit nonrefundable. If, at the end of a tenancy, a tenant fails to return all the keys he was given, you may charge him for a new lock and new keys.

However, you cannot charge the tenant if he returns the keys, even if you think that other copies may have been made and kept by the tenant or some former house guests.

Because extra keys to the unit can compromise the security of your new tenant, it is a good practice to replace the locks before a new tenant moves in. To reduce the costs, some landlords keep a few locks and rotate them at the end of each tenancy.

Either way, the previous tenant should not have to pay this expense if he returned all the keys. Because it is your responsibility to provide a safe home to your tenants, you should assume the cost as part of your normal business expenses, as most landlords do.

Another approach is to allow the new tenant to install his own locks and provide you with a set of keys so that you can have access to the unit in an emergency.

One Roommate Wants Other to Move Out

Q: My roommate and I just can’t get along, and I want her to move, but she won’t. We each pay one-half of the rent directly to the landlord. I’ve asked my landlord to give her a 30-day notice to move, but he says legally he’d have to give both of us a notice. Do you agree? Also, can I give her a notice to move?

A: Since each of you pays the rent separately to the landlord, each of you has equal tenancy status. In your case, this means that you cannot remove her with a 30-Day Notice of Termination of Tenancy. On the other hand, your landlord has several choices. He can do nothing, or give both of you a notice to end the tenancy as a whole or he can give only your roommate, or you, a notice to move. There is no regulation that prohibits him from giving only one of you a notice to move. The choice is his.

To prevent the possible termination of your tenancy, it seems that you and your roommate should sit down together and come to an agreement that would reduce or eliminate the threat of termination for both of you.

Spouse Changes Locks in Domestic Squabble

Q: My husband and I are having marital problems. He changed all the locks at the apartment we rent and refuses to give me a set of keys. What can I do?

A: There are several options open to you. First, you can contact the local police agency or a locksmith to help you gain access to the property. You will probably have to show proof, such as a driver’s license, that you live there.

Second, you can contact your landlord directly. As a rule, most rental agreements have a clause that prohibits tenants from changing any outside lock without giving a key to the landlord.

If this is your case, your husband may have jeopardized your tenancy by changing the locks without permission from the landlord or by not providing the landlord with a set of keys.

Even if any or all of the above is successful in getting you back into your home, it seems you and your husband need to work out an acceptable arrangement so that each of you can continue your tenancy until a resolution is found for your domestic problem.

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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:

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