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I sent my 30 day notice almost a month ago. There are 3 full days before midnight of the day my lease is up. I requested an initial inspection (California law) in my 30 day notice. The landlord JUST sent me an email requesting to set up my pre-walk through move out for the day before or the day of my move out. The civil code also says the landlord must provide the tenant with ample time to fix any deficiencies. In my opinion, the day before or the day of is not ample time whatsoever. I can't find anywhere in the civil code what ample time is considered, so I wanted to get some second opinions.
What do I do? Even if I do the walk through, there is nowhere near enough time to fix anything they come up with. The place is spotless and nothing is damaged, but they are terrible landlords who do not follow the law so I'm trying to find the best way to go about this.
Last edited by sunvsmoon; 04-02-2014 at 06:41 PM..
Do the inspection the day before you move out. They may not give you anything that will take you a long time to fix. You may be worrying for nothing.
If they're horrible people, they'd probably keep your deposit, anyway - even if they did the walk-through way earlier. They may just say that you didn't do things properly or whatever.
So, make the appointment, and see what happens.
It sounds like they didn't do things properly, anyway, which would mean you'd win in court. They're supposed to give you a notice in writing that includes the law about your rights, etc.
They have 21 days to return your deposit and a list of deductions, and receipts, etc. If they don't do this properly, you win, too, in court.
Anyway, I suggest you do the walk-through and see what happens. At this point, I don't see that there's anything else you can do. If you have to, you can take them to court after you see what they do with your security deposit.
In case you haven't seen this website, it's a good explanation of security deposit law in CA. Scroll down to the blue section to see all the rules regarding the pre-move-out inspection and the landlord's duties, etc.:
Be sure to take lots of photos. You might even video record the inspection. Tell them you want to be sure you get all the info right. But, also have them write a list of what you're supposed to do, right then and there.
Do the inspection the day before you move out. They may not give you anything that will take you a long time to fix. You may be worrying for nothing.
If they're horrible people, they'd probably keep your deposit, anyway - even if they did the walk-through way earlier. They may just say that you didn't do things properly or whatever.
So, make the appointment, and see what happens.
It sounds like they didn't do things properly, anyway, which would mean you'd win in court. They're supposed to give you a notice in writing that includes the law about your rights, etc.
They have 21 days to return your deposit and a list of deductions, and receipts, etc. If they don't do this properly, you win, too, in court.
Anyway, I suggest you do the walk-through and see what happens. At this point, I don't see that there's anything else you can do. If you have to, you can take them to court after you see what they do with your security deposit.
In case you haven't seen this website, it's a good explanation of security deposit law in CA. Scroll down to the blue section to see all the rules regarding the pre-move-out inspection and the landlord's duties, etc.:
Be sure to take lots of photos. You might even video record the inspection. Tell them you want to be sure you get all the info right. But, also have them write a list of what you're supposed to do, right then and there.
Thank you very much!! This is very helpful advice. "Worryingfornothing" is my middle name, but I feel much better after reading this.
Bear in mind that even an "OK" on a walk-through is no guarantee that your whole security deposit will be returned. Initially unseen damage can be found once a tenant has vacated the place and turned over the keys, and this is why landlords are given time to return the security deposit.
"It sounds like they didn't do things properly, anyway, which would mean you'd win in court. They're supposed to give you a notice in writing that includes the law about your rights, etc. " That statement I disagree with and I doubt that a judge would automatically rule in favor of the tenant simply because a LL failed to allow a tenant a vaguely worded "ample time" to fix damage seen on a walk-through. Not trying to have you live up to your forum name (!) but all you can do realistically is cover yourself as much as possible. Good luck!
OP, you are living there. You can't see things that you have damaged and that should be repaired? You can't see the dirt that you have brought in and that needs to be cleaned?
You have to have someone walk you around and point their finger at every place that is damaged and explain to you that there is dirt that needs to be cleaned?
Damage should be repaired and dirt cleaned before the walk-through. Then, after you move all your stuff out, you will need to clean again.
OP, you are living there. You can't see things that you have damaged and that should be repaired? You can't see the dirt that you have brought in and that needs to be cleaned?
You have to have someone walk you around and point their finger at every place that is damaged and explain to you that there is dirt that needs to be cleaned?
Damage should be repaired and dirt cleaned before the walk-through. Then, after you move all your stuff out, you will need to clean again.
From the OP:
Quote:
The place is spotless and nothing is damaged, but they are terrible landlords who do not follow the law so I'm trying to find the best way to go about this.
Evidently you missed that part. OP is concerned that the landlord will find/fabricate something that needs to be done, and not give enough time to do whatever that is. "Ample" time is a very vague term that can be misconstrued by a bad landlord or a bad tenant, either one.
Hope you find whoever peed in your cornflakes. Sounds like you might have had a bad day.
They have to give you a reasonable amount of time to repair damages. There's no codified definition of that, but 3 days won't qualify I'm sure. Since they didn't give you enough time to make repairs on your own, they can't deduct for those repairs from your deposit.
Since they didn't give you enough time to make repairs on your own, they can't deduct for those repairs from your deposit.
That's for a judge to decide - if it gets to that stage.
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