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Tenant Guide Initial Inspection
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.
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. 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.225
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.226 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 (give up) the 48-hour notice requirement.
Itemized statement
The landlord or the landlord’s agent may perform the inspection if the tenant is not present, unless the tenant has previously withdrawn the request for inspection.227
Based on the inspection, the landlord or agent must prepare an itemized statement of repairs or cleaning that the landlord or agent believes the tenant should perform in order to avoid deductions from the tenant’s security deposit. The landlord or agent must give the statement to the tenant if the tenant is present for the inspection, or leave it inside the unit if the tenant is not present.228 The landlord or agent also must give the tenant a copy of the sections of California’s security deposit statute that list lawful uses of tenants’ security deposits.229
The security deposit statute has the effect of limiting the kinds of repairs or cleaning that the landlord or agent may properly include in the itemized statement. Because of this statute, the landlord cannot, for example, use the tenant’s security deposit to repair damages or correct defects in the rental that existed when the tenant moved in or that are the result of ordinary wear and tear.230 Since the landlord cannot use the tenant’s deposit to correct these kinds of defects, the landlord or agent cannot list them in the itemized statement.
Before the tenancy ends, the tenant may make the repairs or do the cleaning described in the itemized statement, as allowed by the rental agreement, in order to avoid deductions from the deposit.231 However, the tenant cannot be required to repair defects or do cleaning if the tenant’s security deposit could not be used properly to pay for that repair or cleaning.
Final inspection
The landlord may perform a final inspection after the tenant has moved out of the rental. The landlord may make a deduction from the tenant’s security deposit to repair a defect or correct a condition:
- 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.232
Any deduction must be reasonable in amount, and must be for a purpose permitted by the security deposit statute.233 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.234
224 Civil Code Section 1950.5(f)(1).
225 Civil Code Section 1950.5(f)(1).
226 Portman and Brown, California Tenants’ Rights, pages 235-236 (NOLO Press 2007).
227 Civil Code Section 1950.5(f)(1).
228 Civil Code Section 1950.5(f)(2).
229 Civil Code Section 1950.5(f)(2), referring to Civil Code Sections 1950.5(b)(1)-(4).
230 See Civil Code Section 1950.5(b)(2),(e).
231 Civil Code Section 1950.5(f)(3).
232 Civil Code Section 1950.5(f)(4),(5); see Civil Code Section 1950.5(e).
233 Civil Code Section 1950.5(b),(e).
234 Civil Code Section 1950.5(g).
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{ 3 comments… read them below or add one }
That is a nice guide for both landlords and tenants. Both sides should know what their responsibilities and obligation are. you just missed the end of tenancy cleaning part
I use cleaning services by http://www.homecleaninglondon.co.uk for everyday needs. I suppose there are better companies when it comes to moving.
I think that before the tenant moves in they should take a video and record before they move in to show that if the place was dirty ect that they can claim there deposit back asap