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I hope somebody here can give me some insight on my situation. The state is California. I lived in my old apartment for over three years, was on month to month, and gave my written 30 days notice to vacate on 1/20/16 with a move out date for 2/20/16. At that time, the we scheduled a move out inspection for 2/15/16. I also have written documentation stating my move out inspection for that date. The inspection time was a window between 9:30-10:30, and by 10:35 no one had shown up. I called the office that morning around 9 to confirm the inspection for that day, but nobody answered so I left a message confirming. By 10:40 I walked down to the leasing office to see what was going on, and they were closed for Presidents' Day.
I've done some research Around here and I have since realized that my landlord failed to provide me with a move out inspection date that is at least 2 weeks before my move out date, and instead provided me with a date 5 days before my move out date, and then failed to show up. My question now is what rights do I have to my security deposit?
Thank you in advance
Last edited by hvla96; 02-16-2016 at 10:36 AM..
Reason: Typo
CA law does not seem to impose a penalty on the landlord for not performing a pre move out inspection. Your rights remain the same with or without the inspection.
It can be used as a defense should the full deposit not be returned due to damage or cleaning.
This is big deal in California because the courts want to minimize security deposit lawsuits.
The purpose is to highlight visible areas of concern so as to provide an opportunity for the tenant to correct.
I've had tenants say keep the deposit and we are good.
I have also had tenants upset because I was charging them for missing blinds, light covers and trash left behind... the walkthrough is the chance for both parties to have an open discussion while there is still time to act.
If the landlord doesn't do the pre-move-out (initial) inspection properly, they lose their right to your security deposit. So, if they don't return all of it, you can sue them in small claims court for the full amount of your deposit plus your court fees.
I have helped two people get their security deposits back based on this law alone.
The section of law is California Civil Code 1950.5(f).
The landlord can't schedule an inspection any earlier than 14 days before your move-out. But, he has to give you written notice of your right to the inspection, with an explanation of the law. If you want an inspection he has to give you one, and he has to give you a list of what you need to do to get your full deposit back, with enough time to do so.
He didn't do this, so you will win in court to get your full deposit back. The law is very clear, so it's an easy one to win. This page has the full section on security deposit law:
But, scroll down to 1950.5 (f). It's too long to cut and paste here.
He has 21 days to send your deposit to you. So wait to see if he sends the full deposit to you. When he doesn't, you need to send them a demand letter for the full amount based on the above law. Give a deadline of a week. If he doesn't pay you sue in small claims court.
Even if the landlord shows photos of damage to the judge, it won't matter. He had to give you the opportunity to fix them before you moved out. The only damages he can charge you for - after actually doing an inspection - is damage that occured after the inspection, or that was hidden during the inspection. But, he didn't do the inspection at all, so he loses all right to the deposit.
So, your demand letter will just go something like this:
Dear Landlord,
Because you failed to comply with California Civil Code Section 1950.5 (f) which required you to do an initial inspection if we requested one, you must return our full deposit. As you know, we scheduled a move-out inspection for _________ (date) and you did not show up, and we were unable to reschedule because your office was then closed for the holiday weekend. We were depending on an itemized list of any work that needed to be done in order to receive our full deposit, which is required by law. Because you failed to show up to do the inspection, you denied us this opportunity.
Please send the money you owe us by __________________ at the address below. If you fail to do so, we will sue you in small claims court for the deposit and our court fees.
Be prepared for your landlord to charge you for everything from blinds being broken to the carpet being torn up. In my experience, most landlords will take advantage of an inexperienced, ill-informed tenant. Heck, could you blame them really? Who wouldn't want that $2000 deposit, free and clear? Free money right?
Knowing that, take precautions! Take pictures. Document document DOCUMENT! EVERYTHING.
Hi hope someone can help me here. I’m in a similar situation where I moved out recently and the landlord wants to charge me to resurface kitchen cabinet doors which he claims I damaged. He sent me an estimate of $350 for the resurface along with $170 for the cleaning of the apartment which seems a little high but I don’t mind paying that. And he would be deducting both from my security deposit of $2200. However he never gave me a pre inspection move out list which I just read that is required by CA law. He conducted the inspection a few days after I moved out. So from what I’ve read so far, it seems that he doesn’t have the right to deduct any amount from security deposit. Any assistance is greatly appreciated in advance.
If the LL has not complied with the statute you can write him a letter similar to the one in post #5. If that doesn't resolve things, you can sue in small claims court.
Hi hope someone can help me here. I’m in a similar situation where I moved out recently and the landlord wants to charge me to resurface kitchen cabinet doors which he claims I damaged. He sent me an estimate of $350 for the resurface along with $170 for the cleaning of the apartment which seems a little high but I don’t mind paying that. And he would be deducting both from my security deposit of $2200. However he never gave me a pre inspection move out list which I just read that is required by CA law. He conducted the inspection a few days after I moved out. So from what I’ve read so far, it seems that he doesn’t have the right to deduct any amount from security deposit. Any assistance is greatly appreciated in advance.
Please post the law that requires the landlord to give you a pre moveout checklist.
Please post the law that requires the landlord to give you a pre moveout checklist.
It's not a pre move out "checklist" Per Se. In CA the landlord must tell the tenant of their right to a pre move out inspection. If the tenant request that inspection, the landlord must inspects the unit and give the tenant a list of items that needs to be fixed prior to move out to avoid a charge against the security deposit. I guess it can be said that it's a "checklist" of potential damages that the tenant can remedy prior to the move out and finial inspection.
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