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Old 01-18-2016, 09:07 AM
 
Location: CA
218 posts, read 775,404 times
Reputation: 126

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Just so I understand correctly:

I'm in California.

Tenant is moving out and I will be doing the walkthrough with them.

I have to do the walkthrough WITH them should they request, correct?

All items MUST be out of the house to do this, correct?

I do not need to openly comment on anything until I have had a chance to compare it to the pictures and film when I first did the move-in walkthough (I ask this because tenant is very aggressive and vocal and I'm by myself and don't want to get into it).

And I have 10 days to give them an itemized bill and any deductions - should there be one (they kept the house in really good condition and I really do not see there being any deductions).

Just want to make sure that the above is correct.

Thanks.
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Old 01-18-2016, 09:51 AM
 
3,461 posts, read 4,703,352 times
Reputation: 4033
Quote:
Originally Posted by toopie28 View Post
I have to do the walkthrough WITH them should they request, correct?
Yes (see link below)

All items MUST be out of the house to do this, correct?
No. If the walk-thru is requested prior to their actual move-out, which they often are, then all items obviously will not be moved out of the unit during the inspection. (see link below)

I do not need to openly comment on anything until I have had a chance to compare it to the pictures and film when I first did the move-in walkthough (I ask this because tenant is very aggressive and vocal and I'm by myself and don't want to get into it).
Incorrect. You should be prepared ahead of time with the photos and check-in list you have from initial move-in so you can do as much of the comparison as possible during the walk-thru to indicate any damage, etc that is above and beyond normal wear and tear, etc. The tenant needs ample time to make any repairs, corrections, etc., if they choose to, prior to items being deducted from sec dep. You will still have ample time to indicate any additional repairs once they move out. The key is that the tenant needs to be given ample time to make corrections if needed. In other words, there should be no surprises, or as few as possible. (see link below)

And I have 10 days to give them an itemized bill and any deductions - should there be one (they kept the house in really good condition and I really do not see there being any deductions).

Just want to make sure that the above is correct.

Thanks.

See answers bolded above and read the blue area lower in this link in it's entirety for exact procedures:
California Tenants - California Department of Consumer Affairs

Last edited by Corn-fused; 01-18-2016 at 10:01 AM..
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Old 01-18-2016, 11:57 AM
 
Location: CA
218 posts, read 775,404 times
Reputation: 126
Thanks!
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Old 01-19-2016, 12:22 AM
 
Location: Riverside Ca
22,146 posts, read 33,530,989 times
Reputation: 35437
Quote:
Originally Posted by toopie28 View Post
Just so I understand correctly:

I'm in California.

Tenant is moving out and I will be doing the walkthrough with them.

I have to do the walkthrough WITH them should they request, correct?

Yes that is correct

All items MUST be out of the house to do this, correct?

No. They can have their stuff there. When the tenant surrenders the unit when they vacate then you can do a final without anyone there. The reason your walk through with them is to simply inform them of any damages they did and need to fix. But they can cause additional damage when they move out. And they maybe did not fix the initial items you said they needed to fix on the first walk through.

I do not need to openly comment on anything until I have had a chance to compare it to the pictures and film when I first did the move-in walkthough (I ask this because tenant is very aggressive and vocal and I'm by myself and don't want to get into it).

You don't have to comment. You can bring copies of your pictures with you, take notes. If there is something you see like he punched a hole in a wall you can tell him he will get charged for damages unless fixed. You must give him time to do repairs to damages. If he is "vocal" simply bring a friend with you.


And I have 10 days to give them an itemized bill and any deductions - should there be one (they kept the house in really good condition and I really do not see there being any deductions).

You have 21 days to return the deposit. I usually return it 15 days and I send it certified signature request.

Just want to make sure that the above is correct.

Thanks.
I'm in agreement with Corn-fused

I had tenants who tried to press me and say that everything is fine n the preliminary walk through. I simply point out any damage they caused. Weather they fix it or not is inconsequential. When they leave I'm going to call my repair crew and they will simply repair it I'll pay and deduct from deposit
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Old 01-19-2016, 04:37 PM
 
Location: Jacksonville, FL (Mandarin)
2,560 posts, read 6,501,664 times
Reputation: 1840
I'm so glad I don't live in CA. Seems too tenant-friendly for my liking.
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Old 01-19-2016, 05:29 PM
 
Location: Los Angeles
2,914 posts, read 2,688,085 times
Reputation: 2450
Video tape the walk through. At the very least take pictures.

Personally I would WANT to do the walk through with them.
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Old 01-19-2016, 06:23 PM
 
Location: North Idaho
32,643 posts, read 48,028,221 times
Reputation: 78411
OP, has the tenant actually threatened you? If so, call the local police and see if they will send someone to escort you through the property. If the tenants are unpleasant but have not actually threatened you, take a big friend with you.

I suggest a form that lists all of the things that you want to have cleaned. Have it printed out to give to them. In extra big letters, the form should say that the house can not be inspected in any area that still contains furniture concealing walls or carpeting and thus further damage might be discovered after the tenant has moved all of his possessions out. It should also say that the tenants will be responsible for any dirt or damage that occurs between the inspection and the time that the unit is returned to the landlord.

Go slow and inspect thoroughly. Point out anything that is not clean or that looks damaged. Take your time. Be sure to look under sinks, inside drawers, and check the refrigerator coils and air filters. Test the plumbing for leaks and clogged drains.

Point out dirty window tracks. Check the inside of the stove and refrigerator. Look for cleanliness in the bathrooms and kitchen.

Have the windows been cleaned? If not, point it out. Remind them that all trash has to be removed (which should also be on the check list that you give to them)

The checklist should state that carpets should be clean and tenants will be responsible for carpet odors. I'm not sure whether you can charge for carpet cleaning in California.

California has some dumb laws and this move-out inspection is the dumbest of all. A landlord can't assess damage while all the tenants belongings are still there. A lot of damage is the result of careless furniture moving and that hasn't been done at the time of inspection.

The tenants need to be told what to clean? Like they can't look at dirt and see that it is dirt and should be cleaned? They can't tell that they broke the window blinds? Someone has to point that out to them?
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Old 01-19-2016, 06:27 PM
 
Location: North Idaho
32,643 posts, read 48,028,221 times
Reputation: 78411
Toopie, I'm going to add this: if you can not face down a tenant and impose your rules, you really should not be a landlord.
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Old 01-19-2016, 07:22 PM
 
28,115 posts, read 63,666,290 times
Reputation: 23268
I've had tenants simply say keep the deposit after doing a walk through...

The signed move in condition and inventory is the basis for my walk through plus length of tenancy...

I'm very fair... my pet peeve are things that are missing...

Always done pre-move walk through... even 30 years ago... who likes surprises and as said... some tenants will simply want to negotiate a cash settlement.
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Old 01-19-2016, 09:07 PM
 
Location: Silicon Valley
18,813 posts, read 32,500,469 times
Reputation: 38575
You have to give them a written notice of their right to an initial inspection, which has to include their rights, and it can't be given to them any sooner than 14 days before they move out, you have to give them a list of everything they have to do in order to get their FULL deposit back, can't deduct any mandatory fees, and a bunch of other stuff to do it right.

Buy this book and learn the laws.

The California Landlord's Law Book - Legal Book - Nolo
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