Q: My husband and I put more than $3,000 worth of renovations into the townhouse we were renting. We put in new hardwood floors, new appliances, paint, a tile backsplash, and many other extras to make this property our home. We were reimbursed for about $1,000 by having it deducted from the rent.

Now we have moved out and our landlord is dragging her feet on returning the security deposit. After all the improvements made to increase the value of the property, aren’t we entitled to our security deposit being returned promptly?

Tenant’s attorney Steven Kellman replies: You are entitled to the return of your security deposit less deductions for cleaning and the cost of repairs for damages caused by use in excess of normal wear and tear.

You should receive any refund along with an accounting or at least an estimate of anticipated repair work to be done within 21 days of moving out.

In your case, you apparently performed a valuable service by making significant property improvements for the benefit of the landlord at only about one-third the value of those renovations. Generally, you are free to make such agreements to perform renovations or repairs for a specified compensation as long as they do not violate any employment or licensing laws.

The great benefit received by your landlord in these renovations does not affect the deposit disposition.

You have the same security deposit rights as if no such renovations had been performed.

Q: How long is interior carpet good? Is there a time line for replacement? Does it matter whether the carpet is dangerous or simply old and ugly?

Property Manager Robert Griswold replies: Yes, it does matter whether the carpet is a health and safety issue or if the concern is merely cosmetic.

Carpet life is a function of the quality of the carpet, the quality of the padding, and wear and tear. Typical apartment-grade carpet will last between seven and 12 years.

Landlords are required to replace the carpet only when it is a health and safety concern. For example, if the carpet is so thin the tack strip comes through or the backing is separating from the knap, then the landlord is obligated to replace the carpet.

If the carpet is in good condition but outdated, the landlord is not required to replace the carpet. However, I would advise your landlord to seriously consider doing so if you are a tenant they would like to keep. You could offer to sign a new long-term lease in exchange for new carpet, and even consider offering to pay a little more rent if the carpet is that important to you.

Q: I am a graduate student living in a one-bedroom apartment and I want to move. I was told I could move as long as I found someone to take over the rest of the lease.

But the landlord no longer allows subletting. What would happen if I sublet without telling the landlord?

Property Manager Griswold replies: Your landlord does not legally have to allow a sublease. Even if you were allowed to rent to someone else, the landlord would reasonably require that you sublet to a tenant that they had approved.

A landlord is not going to let a responsible tenant off of a lease without making sure that the new tenant is qualified. If you sublet without telling them, you are fully responsible for any and all damage done or rent unpaid. In this situation, you had better check out any proposed subtenants very carefully.

If any rent is unpaid, or any damage occurs (even if no one admits to it) during your subtenant’s tenancy, you are the one the landlord will go after.

Send questions to Rental Roundtable, 5703 Oberlin Drive, Suite 300 San Diego, CA 92121-1743, or by e-mail to rgriswold@retodayradio.com.

Source:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/01/21/REG76NJ2VT1.DTL