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Landlord refuses to provide pre-move-out inspection and already told me verbally that he will take my full deposit even if I clean and repaint/touch up walls. Lease expires August 31st. What recourse do I have??
Do your own walk through, with a friend along. Take picutres of everything, or videos, make sure they're time/date stamped. Get the friend to sign a statement. make sure to take picutres of Everything, including all appliances, they could accuse you of running off with the fridge, etc.
If you do any repairs, such as touch up paint, keep receipts. This "do-it-yourself" walkthrough isn't as good as the LL accompanying you, but such have held up in small claims court. Send copies of all pictures along with a written statement about the condition of the property to the LL certified mail. Document everything you can.
Not sure what you mean by "pre-move out" because most inspections are done after the tenant says they are finished and ready, or they run out of time and there's an inspection regardless of their status. However, if he is already threatening to keep your deposit, has he said why? Is this LL a realtor? If so, my first move would be to call his broker, or the RE Board posthaste!
Something is missing here, surely.
How much is the deposit? Is it a full month's rent? Did you give proper Notice?
Do your own walk through, with a friend along. Take picutres of everything, or videos, make sure they're time/date stamped. Get the friend to sign a statement. make sure to take picutres of Everything, including all appliances, they could accuse you of running off with the fridge, etc.
If you do any repairs, such as touch up paint, keep receipts. This "do-it-yourself" walkthrough isn't as good as the LL accompanying you, but such have held up in small claims court. Send copies of all pictures along with a written statement about the condition of the property to the LL certified mail. Document everything you can.
OMG you are a heaven-sent! Thank you so much for such valuable advice. I will do this.
Not sure what you mean by "pre-move out" because most inspections are done after the tenant says they are finished and ready, or they run out of time and there's an inspection regardless of their status. However, if he is already threatening to keep your deposit, has he said why? Is this LL a realtor? If so, my first move would be to call his broker, or the RE Board posthaste!
Something is missing here, surely.
How much is the deposit? Is it a full month's rent? Did you give proper Notice?
________________________________ A tenant can ask the landlord to inspect the rental unit before the tenancy ends. during this "initial inspection" the landlord or the landlord’s agent identifies defects or conditions that justify deductions from the tenant’s security deposit. this gives the tenant the opportunity to do the identified cleaning or repairs in order to avoid deductions from the security deposit. the tenant has the right to be present during the inspection. the landlord must perform an initial inspection as described in this sidebar if the tenant requests it, but cannot make an initial inspection unless the tenant requests it. however, the landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice (an eviction notice) for one of the reasons specified in footnote 224. 224 Civil Code Section 1950.5(f)(1). The landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice because the tenant has failed to pay the rent, violated a provision of the lease or rental agreement, materially damaged the property, committed a nuisance, or used the property for an unlawful purpose Landlord’s notice the landlord must give the tenant written notice of the tenant’s right to request an initial inspection of the rental and to be present during the inspection. the landlord must give this notice to the tenant a "reasonable time" after either the landlord or the tenant has given the other written notice of intent to terminate (end) the tenancy (see pages 49–52 and 67–69). if the tenant has a lease, the landlord must give the tenant this notice a "reasonable time" before the lease ends. if the tenant does not request an initial inspection, the landlord does not have any other duties with respect to the initial inspection225 Civil Code Section 1950.5(f)(1).
______________________________________
So by California Law the Landlord (who is also the homeowner and not a realtor/broker) must provide a notice to the tenant (me) indicating the tenant's right to an inspection as well as providing the tenant's right to an inspection prior to moving out.
My rental lease also indicates that I have a right to a "pre-move-out inspection" which is also called an "initial inspection" to go over the condition of the property as well prior to the end of the lease so that I (the tenant) would have enough time to do any necessary agreed-upon repairs.
The landlord said he will take my full deposit $3500 whether or not I clean/repaint/touch-up, no matter what the condition of the property because he wants to keep my full deposit. His exact words. My rent is $3100 so it is more than a full month's rent.
I gave my notice to vacate at the end of my lease term August 31 by sending a written letter via certified mail on JUNE 01, 2010. That's a 3-month notice.
There's nothing missing here but someone who refuses to follow the law and because it is a civil matter between tenant and landlord, I can't call the police or anything but wait for him to break the law, breach the rental contract, then hope to sue him in small claims court. (sigh) This is gonna be so much fun. (being sarcastic here)
Interesting. Another case where state landlord tenant law varies WILDLY from state to state. Most landlords in most areas of the country won't do a walkthrough until after the unit is vacant and cleaned.
However, I agree that that says you have the right to ask for one, and the LL has to comply.
As for holding the deposit, from how you described the LL's response, you have two choices:
You can look up the procedure in your state (you obviously know how to do so, since you quoted one already) for making a demand for deposit after you move out. Do what it says. Be sure to take lots of pictures at move out showing that you left the place in good clean condition.
Alternately, you could just move out and not clean and not repair anything, and then write off your deposit as gone.
California requires a pre-move inspection at the tenant's request... it is something I've been offering for years prior to the ordinance.
It is very helpful because it lets the tenant know my expectations...
I stress that it is much more expensive for me to dispose of their unwanted items and to clean...
My experience is the onus is on the business, i.e. the landlord to follow the law and tenants are given more leeway should it go to court.
Again... documentation is the key.
In some areas, tenants have hired licensed and bonded Home Inspectors to collaborate move out condition... most of the time it is in dealing with high end rentals in markets like San Francisco.
Does your state allow you to tape record a private conversation or phone call without the other's consent? I'd ask him again about the deposit and get him on tape saying you aren't getting it back. Ask him several times, hoping he gets mad and curses you.
Then after you move, ask for it again. Then take the tape to the consumer affairs reporter for your favorite TV station and let them play it on the air.
God, you have a good case here. Document everything. (do not record his voice without his knowledge otherwise you will find yourself on the wrong side of the law). If you can put your requests in writing, it will help, even if he doesn't respond. But do note every conversation that you had with him.
He is clearly in violation but I would wait until 21 days has passed since the end of your tenancy so you can have the full list of violations. Well, who knows, if you get the entire security deposit back, then the lack of a pre-inspection becomes a non-issue.
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