Move Out Instructions

According to California Civil Code 1950.5(f) a tenant can ask the landlord to perform an initial inspection of the rental unit prior to the end of the tenancy. During this inspection, the landlord would identify defects, damage, or conditions that would result in deductions from the tenant’s security deposit. This gives the tenant the opportunity to rectify those identified issues and avoid having deductions made from their security deposit.

The Landlord must perform an initial inspection only if it is requested by the tenant. If the tenant does not request it, then the landlord will not perform the initial inspection. 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 REQUIREMENT

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. 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 inspection.

SCHEDULING THE INSPECTION

When the tenant requests an initial inspection, the landlord and the tenant must try to agree on a mutually convenient date and time for the inspection. The inspection cannot be scheduled earlier than two weeks before the end of the tenancy or lease term. In any event, the inspection should be scheduled to allow the tenant ample time to perform repairs or do cleaning identified during the initial inspection. The landlord must give the tenant at least 48 hours’ advance written notice of the date and time of the inspection whether or not the parties have agreed to a date and time for the inspection. The landlord is not required to give the 48-hour notice to the tenant if:

• The parties have not agreed on a date and time, and the tenant no longer wants the inspection; or
• The landlord and tenant have agreed in writing to waive the 48 hour notice requirement.

• that was identified in the inspection statement and that the tenant did not repair or correct; or
• that occurred after the initial inspection; or
• that was not identified during the initial inspection due to the presence of the tenant’s possessions

Any deduction must be reasonable in amount, and must be for a purpose permitted by the security deposit statute. Twenty-one calendar days (or less) after the tenancy ends, the landlord must refund any portion of the security deposit that remains after the landlord has made any lawful deductions.