The wrongful lockout cost the landlord thousands of dollars in damages to the tenant. Unfortunately, the tenant was still in the process of vacating the property, and the changing of the locks resulted in a premature wrongful eviction of the tenant. In that case, the landlord noticed that the tenant had emptied out the unit and was not present, so they changed the locks and regained possession. Our firm has litigated disputes wherein a landlord reasonably believed the tenant had vacated, but they had not formally ‘relinquished possession’. Confirm Relinquishment of PossessionĮven if a tenant promises to be out by a set date and their move-out is cordial, landlords must be especially careful when regaining possession of the unit. The statement needs specific language, so please seek legal counsel when drafting these post-inspection itemized statements for the tenant.Īrguably, if the landlord does not offer the pre move-out inspection and/or send an itemized statement, the tenant can claim that the landlord should not be entitled to make any deductions for cleaning and/or repairs they otherwise would be entitled to make. Regarding timing of the inspection, this is what Section 1950.5 says: “at a reasonable time, but no earlier than two weeks before the termination or the end of lease date, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises.” The tenant has no obligation to conduct a pre move-out inspection, and if they fail to do so, they’ll be unable to cure deficiencies that would otherwise result in deductions from the deposit.Īfter the inspection, the landlord is required to provide the tenant with an itemized statement of proposed deductions, specifying what repairs and/or cleanings need to be done to avoid such deductions. Ideally, the sooner the better as it will give you all more time to conduct any necessary repairs before your tenancy ends on. If you would like to do the inspection, please advise on some dates and times in the immediate future so we can schedule the inspection. The purpose of the inspection shall be to allow you an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement and civil code, in order to avoid deductions from the security deposit. “Pursuant to the end of your tenancy coming up on, we would like to offer you a pre-move out inspection as provided for under Civil Code Section 1950.5(f). Additionally, Civil Code Section 1950.5 requires specific language to be delivered to the tenant relating to the inspection. I typically have my landlord clients provide notice three (3) weeks before the anticipated move-out date. Pre Move-Out InspectionĪny time a tenant’s occupation of a residential unit is coming to an end, the landlord is required to offer a pre move-out inspection related to the tenant’s security deposit. In this article, we will go over some of the most important things to remember to help you avoid a dispute with your soon to be former tenant. These tasks can be intimidating and are riddled with pitfalls that could result in further involvement with your tenant, including potential dispute. At the end of each residential tenancy in California, landlords are required to perform a checklist of tasks to comply with the law.
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