Who pays for that fresh coat of paint?

Question: I am getting ready to move out of the apartment I have lived in for 12 years. Is a landlord entitled to deduct money for painting or cleaning after a tenant has been in an apartment for that long? It is obvious to me that this work would be “automatically needed” after such a long time.

Am I right?

Answer: Although there is no specific local law about how often painting is needed or required (except in West Hollywood, where owners are required to repaint every four years), you are partially right. Painting is nearly always needed after a 12-year tenancy. If the owner deducts money from your security deposit for it, you could sue in Small Claims Court and win.

You are also partially wrong. Your assumption that an apartment “automatically” needs cleaning after a 12-year tenancy is right if it has not been cleaned in all that time, which is hopefully not the case. California Civil Code section 1950.5 says security deposits may be used for, among other things, “(3) The cleaning of the premises upon termination of the tenancy.”

Under the law, the apartment must be as clean when you move out as it was when you moved in, no matter how long you lived there. If not, the landlord may deduct money from your deposit to get the apartment back to its pre-tenancy level of cleanliness.

News of death may be kept mum

Question: I own a rental house in which the previous tenant passed away. Is there any law requiring me to disclose this to the new tenants?

Answer: You are generally not required to tell prospective or new tenants about the death of a previous tenant on your property. If it was due to natural causes, you need not tell the new tenants. If it resulted from a violent crime, even though you still are not specifically required to tell the tenants, it is probably a good idea to do so.

Alert proper folks to trash, car issues

Question: I live in a house that’s surrounded by apartments with Section 8 rentals. The grounds aren’t kept up. There’s litter all around, immobile cars with flat tires and constantly overflowing garbage cans. What recourse do I have to get these rent-subsidized buildings cleaned up?

Answer: For starters, you can call the administrators of the Section 8 program in your neighborhood and they may be able to help. Most programs, if not all, require clean apartments and grounds for their tenants. The administrators may come out to the apartments and cite the owners to get the properties cleaned up.

The Los Angeles County Health Department covers all of the county, and may be able to help you with the overflowing trash problem.

Representatives of the department may also come out and require the owners to get more receptacles to handle the excess trash.

If you live in Los Angeles and the properties are under rent control, you can call the Rent Stabilization Department, Code Enforcement Section, at the Los Angeles Housing Department, (866) 557-RENT (557-7368). Among other things, representatives can cite owners for their tenants’ unlicensed or out-of-date vehicles.

Postema is the editor of Apartment Age magazine, a publication of the Apartment Assn. of Greater Los Angeles, an apartment owners’ service group. Send questions about apartment living to [email protected] or to Kevin Postema at AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.