Return Keys to Landlord (San Francisco: apartment, rental, tenants)

[tprice7111]

Hello CD forum,

This is a follow-up to my prior posting regarding Landlord issues with the apartment we are renting in the east bay. Our lease expires end of this month and we are nearly finished with the move out process, pending cleanup of the apartment. The landlord holds 2 months security deposit. I asked to do a walkthrough of the apartment on our last day so that we can be on the same page. She said her schedule does not permit. I am planning to take pictures once the clean up is complete, in case of dispute with the security deposit. She has been really hard to work with. She emailed me today saying that she wants to meet after 5:30pm to pick up the keys on the last day (same day she told she's not available for a walkthrough) or for me to drop off the keys in her mailbox the same day as she needs to give the keys to the new tenants the following day. Since, she can turn around and said that she did not receive the keys, if I simply leave it in her mailbox, i dont feel comfortable doing this. Our lease expires at. 11:59pm, and I have no plans to give her access to the place prior to that. She is a really mean person. The last 7 months there has been a complete nightmare.

My plan is to mail the keys to her the last day, by registered mail. Is this an acceptable way to do this? I did not find anything related to key retuns in the CA tenant handbook. Thank you.

[reenzz]

Keys must be surrendered on your last day of occupancy or you can be charged a daily rent for every day the landlord does not have the keys. The landlord can also have the lock changed at your expense and deduct it from your deposit. I suggest you get her the keys on the 31st and stop plying games. Also, check your lease, many leases in CA require you to surrender the property during normal business hours and NOT at 11:59pm.

[artemis78]

If she's offering to meet you at 5:30 to collect the keys, that's what you should do. You can then ask her to do a walkthrough at that time since she'll already be there. Mailing them is silly because you will need to mail them several days in advance to be 100% sure she'll receive them by the 31st, unless you overnight them (and then it gets very pricey). Plus you run the risk of USPS screwing that up in some way. If you really can't be there at 5:30, then drop them in her mailbox (or ask if you can bring them to her door to hand them off in person at some point in the evening, if you're more comfortable with the in-person handoff).

[clongirl]

A tad off topic but, the landlord is not legally allowed to just keep your 2 months security deposit. Your post concerned me . A security deposit can only be used for:

1. unpaid rent
2. The cost of cleaning the rental unit
3. For repairs
4. Cost to restore furnishings (if it was a furnished unit)

It doesn't matter what your lease says on this matter! The landlord can withhold from your security deposit ONLY the amount reasonably necessary for these purposes. I hope you know your rights! I really wouldn't want you to get screwed by an incompetent landlord that hasn't a clue about the laws. In San Francisco and several other rent control cities, the landlord also owes you interest on that deposit which vary.

Check out dca.ca.gov for security deposit info.

[tprice7111]

Thank you clongirl. I'm aware of the security deposit requirements. Once, we are fully moved out and clean up, I will take pictures since she's claiming not to be available for a walkthrough.

[reenzz]

Originally Posted by clongirl

A tad off topic but, the landlord is not legally allowed to just keep your 2 months security deposit. Your post concerned me . A security deposit can only be used for:

1. unpaid rent
2. The cost of cleaning the rental unit
3. For repairs
4. Cost to restore furnishings (if it was a furnished unit)

It doesn't matter what your lease says on this matter! The landlord can withhold from your security deposit ONLY the amount reasonably necessary for these purposes. I hope you know your rights! I really wouldn't want you to get screwed by an incompetent landlord that hasn't a clue about the laws. In San Francisco and several other rent control cities, the landlord also owes you interest on that deposit which vary.

Check out dca.ca.gov for security deposit info.

OP never said that the landlord was keeping the deposit.

[Ultrarunner]

I always do a pre-move walk through and find it time well spent...

It is your right (California) and the Landlord must offer the opportunity for a pre-move inspection.

[NoMoreSnowForMe]

Your landlady has given you two options for returning the key. She's offered to come to you and pick them up herself, as long as it's after 5:30 pm, or if that's not going to work for you, you can drop them off in her mailbox.

That seems very fair to me. If your problem is that she'll say she didn't get the keys, then have a receipt ready for her to sign if she picks them up, and if you leave them in her mailbox, take a photo of you putting the keys in the mailbox. And pop off a text or email to her telling her you just dropped them off, which will give you a time stamp.

Your landlord doesn't have to do a walk-through on your last day. Your LL has to offer to do a pre-move-out inspection no sooner than 14 days before you move out. So your LL has a window of 2 weeks. The initial inspection is to give you a list of things that need to be done, so you have time to do it before you move out. So, if your landlord offered you an inspection prior to your move-out day, she's followed the law in that regard.

By the way, if she's got someone moving in the very next day, that will be proof that she didn't do any work, etc., to the place after you moved out. In other words, if you have to sue her for withholding money from the deposit for cleaning, repairs, etc., it will be easy for you to argue that she didn't have time to do these things. And remember she has to include receipts for all deductions when she returns your deposit.

[clongirl]

Originally Posted by reenzz

OP never said that the landlord was keeping the deposit.

She wrote "landlord holds two months security deposit". I may have misunderstood what poster meant but wanted to be sure she gets it back either way. Relax, man.