The Property Management Shop
by Marc Wilson
Q. I have a couple of questions regarding the issue of revolving roommates and 6.14 Notices. I originally rented to both tenant A and tenant B. Tenant B vacated and tenant C replaced him. I keep receiving calls from tenant B, the vacated tenant, who continues to demand his share of the security deposit. What should I do? Also, the new tenant, tenant C, sent me a rent check for his share of this month’s rent. I specifically instructed him that I would not accept his rent checks nor receive nonemergency repair requests and/or have any material property manager/tenant relationship with him, as per your instructions. What should I do?
A. Next time, when ex-tenant B calls and requests his share of the security deposit, ask him to put this request in writing. When you receive his written request, send him a letter bringing his attention to item No. 5 of his rental agreement. Item No. 5 states that the “owner shall refund any balance after tenant has vacated the premises. Tenant shall not be deemed to have vacated the premises until a) tenant returns all keys to the premises, and b) tenant has surrendered the premises free of any and all people claiming any right to possess the premises.” Any discussions concerning ex-tenant B’s share of the security deposit should take place solely between ex-tenant B and new subsequent occupant C. Believe me; you do not want to get in the habit of playing “shell games” with security deposits. It is simply unreasonable for anyone to expect that you would refund a security deposit if you have not yet taken possession of and inspected the apartment in question. Similarly, it is unreasonable to expect the property manager to chase and refund security deposits every time some original occupant changes roommates. Simply follow your rental agreement to the letter with regard to the refund of security deposits. In fact, you should get out a copy of your PPMA Residential Tenancy Agreement and reread item No. 5 for your own edification—it is very well written.
There are two rules you should definitely follow: always serve new, subsequent occupants with 6.14 notices (get them signed by the new roommate/subsequent occupant and place a copy in your file) and never accept rent payments from subsequent occupants. New, subsequent occupants are not original tenants and should not be treated like original tenants. They are, in effect, second class tenants (known under the Rent Ordinance as “Subsequent Occupants”) who do not enjoy many of the rent control rights afforded to original occupants. Try not to confuse your subsequent occupants by treating them like original occupants/tenants. Do not give them mixed messages. Do not accept rent payments from subsequent occupants. Do not accept nonemergency repair requests from subsequent occupants. In short, try not to have any significant landlord/tenant interaction with subsequent occupants.
If subsequent occupant C attempts to tender any portion of the rent payment, simply send his check back to him with a letter, reminding him that you only accept rent payments from original occupant A. To original occupant A, send him a letter that includes (1) a copy of your correspondence with subsequent occupant C and (2) a Three-Day Notice to Pay Rent or Quit for the amount of rent that subsequent occupant C attempted to pay. In my experience, original occupant A and subsequent occupant C tend to figure out the rules pretty quickly after this type of communication.
Remember, only accept rent payments from original occupants/tenants and always have new roommates/subsequent occupants to sign a 6.14 Notice. If you suspect that a new, subsequent occupant might have moved to the property without your knowledge or permission, you should take the following step: send the original occupant a letter indicating that unless you hear from him otherwise in writing, you are working under the assumption that the original occupant is the sole tenant of the apartment and that absolutely no one else, other than the original occupant, is living in the apartment (place a copy of this letter in your file).
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of SFAA or the San Francisco Apartment Magazine. Marc Wilson has been managing and selling San Francisco apartment buildings for 20 years. Please send your questions concerning property management issues to Marc Wilson at 1699 Van Ness Avenue, San Francisco, CA 94109. He can be reached at 415-229-1275. Copyright © 2004 by the San Francisco Apartment Magazine. All rights reserved.