PROFITABLE ENTERPRISE?

SAN FRANCISCO CHRONICLE DOES FEATURE TODAY ABOUT ABOUT SECURITY DEPOSIT THEFT

The article discusses the hardship that some landlords impose on their tenants by keeping the tenants security deposit with or without explanation.  

Think about it.  For every tenant on Caldecott Lane who has a pet, there is a $595 charge per unit.  With roughly 44 units, and assuming that all tenants have pets, that alone is $26,180!

Now, add to that an average $2,495 per unit in "security deposits" times 44 units, that's $109,780 in security deposit dollars.

Add both these advance deposits together (e.g. "pet rent" and the "security deposit") and this totals to a WHOPPING $135,960!

To protect your investment, follow these great tips from NOLO press.

NEW FINDINGS

A new discovery of fresh cut grass, rosemary cuttings, and branches of an ornamental plant were found littering the creek bed and storm drain behind 120 Caldecott Lane.  

Let's work together to restore our environment to beauty.

Private property extends about 70 feet back from the sidewalk and is principally marked by the retaining walls.  Beyond that, property is owned by the City of Oakland - it is our property collectively.  

Having formally adopted the property as a participant in Oakland's Adopt-a-Spot program, we are attempting to keep our property free of blight.  

We are working towards making it a place where we feel comfortable allowing our children to play, our pets to walk, and to enjoy on a hot summer's night.

Signs posted on the Verizon public utility.  If you witness illegal dumping, report it!

IS IT GOOD TO SHARE?

LANDLORD'S FAILURE TO RESOLVE SHARED METER BETWEEN TENANTS IS A BREACH OF THE IMPLIED WARRANTY OF QUIET ENJOYMENT IN MARYLAND

An interesting article providing food for thought. . .

Need Your Questions Answered?

GREAT RESOURCES FOR TENANTS

and, even better, they are Free!

California Tenant Law

State of California guide to Landlord-Tenant Law or see 

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

The Company we Keep

GETTING THREE BAGS FULL

It's a rare apartment dweller that has a sheep or a snake or a pig as a pet.  But, I know of a dweller up Caldecott Lane who regales us with stories of her python.  Regardless of the pets we keep, the issue of pet deposits is likely to arise.

Pet deposits has also been referred to as a "pet charge," "pet rent," or "pet fee" and impliedly pertain to covering property damage caused by our pets.

Despite the words used to characterize "pet rent," which has grown in recent months from $365 to $595, if pet rent is paid in advance of possession of your leased unit, pet rent is a refundable security deposit.

Under Cal. Civ. Code §1950.5 (a-b),

“a security deposit means any fee “imposed at the beginning of tenancy. . .used for. . .(1)[unpaid rent], (2) the repair of damages. . .(3) the cleaning of the premises upon termination of the tenancy. . .(4) . . . to restore, replace, or return personal property...if authorized [by the rental agreement].”

Civ. Code § 1950.5(l) states:

“No lease or rental agreement may contain any provision characterizing any security as ‘nonrefundable.’”  

Since “pet rent” is a security deposit, it does not expire in 12-months but should remain in the deposit fund until the termination of tenancy. 

Further, under Civ. Code § 1950.5(g)(2):

“Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises. . .” within 21-days after tenants move-out.

And under Civ. Code § 1950.5(l):

“the bad faith claim or retention by a landlord [of a security deposit] . . . may subject the landlord...to statutory damages of up to twice the security, in addition to actual damages. The court may award damages for bad faith whenever the facts warrant that award. . .”

And under Civ. Code § 1950.5(g)(1),

“(g)(1) No later than 21 calendar days after the tenant has vacated the premises. . .or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant. . . a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant.”

So, if you need to take the landlord to court, be sure to ask for TRIPLE your return for his or her BAD FAITH accounting and be sure to include "pet rent" in your calculations!

DISCLAIMER:   Legal issues are frequently complex and individual.  The information contained on this blog is not legal advice nor does it create an attorney client relationship between the viewer/reader and the writer of this blog.  For legal advice, please consult an attorney who practices landlord tenant law.

NEW SIGHTING?

So, You Want a Working Toilet? Take Two.

A GREAT PRIMER

on building inspections, repairs, and issues related to habitability.  Click here.

You want a working toilet?

GETTING YOUR LANDLORD TO MAKE REPAIRS

Click here for a well written pamphlet on enticing your landlord to make the requisite repairs.

Ever Had Your Security Deposit Ripped Off?

Then sign up to "It's Your Money!" and tell your story.  

Call our state senator, Senator Loni Hancock, and ask her to support Senator Mark Leno's bill, SB 603. 

Cal. Civ. Code 1950.5(l) states:

(l) The bad faith claim or retention by a landlord [of a security deposit] . . . may subject the landlord. . .  to statutory damages of up to twice the amount of the security, in addition to actual damages. 

Take steps to protect your security deposit NOW if you plan to move.  

If you didn't do this on move-in, take dated photographs of your apartment now.

If there are any things that should be repaired - a leaky toilet, broken garbage disposal, etc. - request the repair in writing.

Thoroughly clean the apartment on move-out and get a "professional" to clean carpeting.

Clean the appliances, inside and out.

Wash the windows. Scrub the floors and wash down the walls.

Request a pre-move-out inspection two weeks before you move-out.  

Take photographs of the condition of your apartment upon move-out.

And, follow these instructions to the letter!

FACT OR FICTION?

WHAT IS A CREEK?

“A Creek is a watercourse that is a naturally occurring swale or depression, or engineered channel that carries fresh or estuarine water either seasonally or year around.”

And what is a Natural Watercourse (which. in Oakland, is considered a “Creek)?”

“[A natural watercourse] is a channel with defined bed and banks made and habitually used by water passing down as a collected body or stream in those seasons of the year and at those times when the streams in the region are accustomed to flow.. .

A canyon or ravine through which surface water runoff customarily flows in rainy seasons is a natural watercourse. Alterations to a natural watercourse, such as the construction of conduits or other improvements in the bed of the stream, do not affect its status as a natural watercourse.

A natural watercourse includes all channels through which, in the existing condition of the country, the water naturally flows, and may include new channels created in the course of urban development through which waters presently flow.”

Locklinv. City of Lafayette (1994) 7 Cal. 4th 327, 345.

CREEK PROTECTION ORDINANCE

The City of Oakland has developed a Creek Protection Ordinance which is regulated by the Environmental Services Manager and their decisions can be appealed through the City of Oakland Planning Commission.

For a map of our watersheds and creeks, click here. 

WHEN IS A CREEK NOT A CREEK?

As it relates to 120 to 142 Caldecott Lane, there was a final determination made by the City of Oakland Planning Commission that the “waterways” behind 120 and 142 Caldecott Lanes are not creeks.

NATURAL WATERWAYS BEHIND CALDECOTT LANE

"Storm drains flow directly to the Bay, and [are an] important part of Oakland's watershed; it is important that nothing but rain water enters the storm drains." 

There is a natural waterway behind 120 Caldecott Lane which flows into a publicly owned storm drain. 

There is a natural waterway behind 142 Caldecott Lane which also flows into a publicly owned storm drain.

Behind 150 Caldecott Lane, there is a private property storm drain immediately behind the retaining wall. 

On April 20, 2013, fourteen volunteers sweated in the hot sun to clean up the publicly owned storm drains of at least 125 yard bags of illegally dumped landscape cuttings.  These cuttings appear to have been dumped into the drains and waterways over a period of time and included rosemary cuttings, cuttings of ornamental and other plants.  It's critical that we work together to report and to prevent dumping and to keep our watersheds, waterways and creeks free-flowing.

FOR MORE INFORMATION – Click Here.

TROUBLEMAKING TENANTS?

A BALANCE OF POWER

Just who is a troublemaker?

The tenant who would like . . .

• Working plumbing?
• Heat?
• An adequate number of garbage containers?
• A building free of rodents?
• Protection from flooding?
• Reasonable PG&E bills?

Or a property manager who fails to or only partially provides for these things?

Most state legislatures realize that there is an unfair bargaining power between landlords and tenants.  Many state legislatures have created laws to encourage greater fairness in landlord tenant relations.

For example, in California, the law can protect a tenant against retaliation from a landlord if the tenant legitimately complains to:

·         A building inspection department,

·         A government agency.

·         Or advocates on behalf of other tenants.

See California, Cal. Civ. Code sec. 1942.5 to learn more about our state’s anti-retaliation statue which was enacted to encourage tenants to report legitimate issues relating to habitability, building code violations, and necessary repairs.  If we rent property, we are entitled to working electrical outlets, plumbing, adequate sanitation, and to full disclosure about utilities. 

A tenant can use the anti-retaliation statue both as a “sword” and a “shield.”  That is, one can bring suit against the landlord (sword) and use the statute to shield oneself as a defense against eviction.

And any eviction that is done to retaliate against the tenant for making legitimate complaints is both wrongful and illegal.

DISCLAIMER:   Legal issues are frequently complex and individual.  The information contained on this blog is not legal advice nor does it create an attorney client relationship between the viewer/reader and the writer of this blog.  For legal advice, please consult an attorney who practices landlord tenant law.

NEW SIGHTING?

This car has been sitting so long on Caldecott Lane, that it has actually gathered leaves.  Does moss grow on vehicles, too?

HOW MUCH DOES A DOOR KNOB COST?

UNFAIR SECURITY DEPOSIT WITHHOLDING

Source: TENANTS TOGETHER

"Responding to complaints of unfair security deposit withholding across the state, Senator Mark Leno (D - San Francisco) introduced Senate Bill 603 earlier this year. This statewide bill would make the changes recommended in the new report (requiring separate accounts for deposits and mandatory penalties for improper withholding), and also address a longstanding inequity regarding security deposit interest. SB 603 is co-sponsored by Tenants Together, Western Center on Law and Poverty and California Rural Legal Assistance Foundation. SB 603 will be heard in the Senate Judiciary Committee on May 7, 2013."

What Every Tenant Should Know about Getting Back Your Security Deposit

Click here to read a well written article by "Tenant Defenders" about security deposits.

To examine the statutory code, click this link.

Lack of Landlord Civility?

TENANT STANDS UP TO LANDLORD’S HARASSMENT AND WINS!

The following article was published on the Just Cause organization web site.

Patricia Zamora

Robert Frison first signed up to be a member of Causa Justa :: Just Cause after coming to the Oakland tenant rights clinic for help with his housing problem in late 2010. He had been experiencing harassment issues from the managers in his building operated by Lake Park Apartments. The managers left harassing notes on his car and front door, entered his apartment illegally, sent illegal rent increase notices, used their family member to intimidate Frison, pit his neighbors against him, returned his mail and packages, and even started a physical altercation with him.

Frison, who has been living in his rent-controlled apartment since 1997, said he believes that these tactics were being used against him as a means to push him out of his home of almost 15 years so that management could raise the rent of his apartment when new tenants moved in.

Frison was not prepared to allow this harassment push him out and he decided to fight back. He started by coming to Causa Justa :: Just Cause and learning about his rights. He wrote letters to the landlord demanding the harassment stop. He got other CJJC members to support him in passing our fliers in his neighborhood to let his neighbors know what he was going through. He shared the different ways in which his building managers were mistreating him and got the support of his neighbors.

Things got worse before they got better. Because of Frison’s strong will and effective organizing, one of his manager’s Bill Alvarez, actually tried to sue him in small claims court for harassing him and demanded $7,500 in damages from Frison! With preparation and truth on his side, Frison convinced the judge to dismiss Alvarez’s far-fetched claims outright. Since this finding in court the situation has improved significantly and Frison is enjoying more peace in his housing situation.

“This is not a victory just for me but for all tenants. Everyone needs to know that we do have rights and we need to stand up for them. I promise that if you stand up for yourself, that CJJC and I will support you,” said Frison.

Harassment cases can be very stressful and difficult but they can be won. Unfortunately, Frison’s case is not unique as many Oakland residents deal with similar conditions on a daily basis. If you or someone you know is dealing with a tenant issue join Causa Justa :: Just Cause today. Get support, give support and fight back. You are not alone.

For more about landlord harassment, click here.

BETTER LATE THAN NEVER?

BIT BY BIT - BUT A LITTLE BIT TOO LATE





It took a Building Inspection to remove a "tripping hazard."











Today, the parking pad sports sheered off bolts that used to emerge up to 4 inches high . . .

PAYING IT BACKWARD

PARTIAL RENT PAYMENTS – IS THE LANDLORD DOING YOU A FAVOR?

There is no person that I know that has not fallen on difficult financial circumstances at certain times of their life.  It’s not an enviable position to be in, and it takes grit, determination, and luck to climb out of.

During times of financial difficulties, you may be tempted to work out partial rent payments with the landlord.  If you do, make sure to get this agreement in writing.  Your written agreement will be a defense to an eviction proceeding for non-payment of rent if relations between you and your landlord go south.

The problem is that some people make partial rent payments habitual.  And, while one would think that a partial rent payment agreement was not beneficial to the landlord, there may be a fallacy to that thinking.

How could it possibly be good for the landlord to accept partial rent payments?

If your landlord is not maintaining the property, you won’t pressure the landlord for necessary repairs.  You are now indebted to him or to her.  You’ve given them all the power.

You may not report:

·         Plumbing problems

·         Issues with electrical outlets

·         Flooding

·         Or infestations of mice or other vermin.

Instead, you may attempt to make repairs yourself, get cats to chase the mice, use buckets to capture water from roof leaks. . .

Now, you are under the landlord’s control.

How do you become empowered to mandate repairs?

Answer: Get caught up on your rent!  No more partial rent payments!

Take back your power. 

Once you are back in control, demand that repairs be made and put those demands in writing.  Document each repair issue and take dated photographs to substantiate those repair issues.