Friday, November 21st, 2008

Tenants to be notified about security deposit refunds

Deadline unspecified for payback; some complain of leaks

By Kelly Rayburn

Daily Bruin Reporter

UCLA students who lived in apartments managed by R.W. Selby and Company Inc. and had money improperly deducted from their security deposits will be contacted and should receive compensation.

As of yet, there is no set time by which former tenants will receive their money.

Two weeks ago, the office of California Attorney General Bill Lockyer reached a court-approved settlement with Selby, a Southern California real-estate management firm, that said Selby must give back $450,000 to former tenants because of unlawful deductions.

Since the settlement, students who are former Selby tenants and believe they deserve a refund have been wondering when they will get money back, and if they need to take any action to receive compensation.

“I think they should send out letters to everyone and have people contest their deductions – that would be the fairest way,” said fifth-year geology student Tim Pringle, who lived in a Selby apartment last year and said money was unfairly deducted from his security deposit.

But those seeking returns do not need to file any sort of complaint or request.

“Former tenants will be notified,” said the attorney general’s office spokeswoman Sandra Michioku, “The company is reviewing their records now.”

Meanwhile, students currently living in Selby complexes near UCLA have complained about damage due to leaking roofs after recent rains and lack of action by Selby and their managers.

Selby was unable to comment after repeated phone calls.

Only those who lived in a Selby apartment in the last three years will be considered for compensation, Michioku said.

The attorney general brought action against Selby after repeated complaints from tenants that the company was making improper deductions.

Legal security deposit deductions can be made only if a tenant fails to pay rent or causes damage to a unit beyond “normal wear and tear,” according to UCLA Law Professor Gary Blasi.

“If you’ve been there 10 years and the paint is a little dingy, they can’t count that against you,” Blasi said. “But different people do different things.”

Blasi said when improper deductions are made many people “just give up and go away.”

Selby manages two large complexes on Midvale Avenue, at least one apiece on Kelton and Wellworth Avenues, as well as others in Westwood.

Pringle, who lived in Selby’s Wellworth complex, said he was over-charged for damage that was not beyond normal wear and tear.

He and his roommates only recovered $351 of their $1,660 security deposit.

According to Pringle, $985 was deducted for a new carpet, $195 for paint and $185 to clean the apartment.

The time for security deposit returns has not yet come this year, but students living in the top floor of the Midvale complexes have complained about problems with rain damage.

“Since it started raining three weeks ago the water has been seeping through the ceiling,” said third-year economics students Sarina Shah, who lives in one of the Midvale complexes. “We’ve had to put pots and pans on the ground, and they haven’t done anything.”

Neither of the Midvale managers would comment about student complaints.

Shah lives in a two-bedroom apartment with three roommates and complained of damage to the ceiling, carpet and walls because of rain-leaks.

“It was musty – it was not habitable,” she said. “It was like a one-bedroom apartment. We had to sleep in the living room. ”

By law, landlords are required to keep units in “habitable” condition.

Shah said she and her roommates have spoken with their manager numerous times and have tried to contact the corporate office in Brentwood.

“It feels like we’re being ignored,” she said. “We sent a letter (to the head office) weeks ago and we know for a fact they got it, because they faxed a copy to our manager.

“They’re just not responding,” she continued.

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