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Pre-Move-Out Inspection Fee

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  • 05-27-2008, 10:36 PM
    cassakaya
    Pre-Move-Out Inspection Fee
    My question involves landlord-tenant law in the State of: California

    CA civil code 1950.5 states that a tenant has the right to a pre-moveout inspection.

    We sent in our 30 day notice of intent to vacate, which indicated that we requested an initial inspection with us present....... with ample time to spare, and received today (13 days before moveout), a packet from the prop managament co, saying that we were allowed an inspection, but for a "$50 Administration fee". If we want the inspection, we have to call, and pay in advance.

    Is this legal? If it is a "tenant's right", how can they charge for this service?

    I have called renters advocacy groups, and noone has ever heard of this sort of fee.
    thanks

    What should my next step be?
  • 05-29-2008, 06:42 AM
    Mr. Knowitall
    Re: Pre-Move-Out Inspection Fee
    I don't think that they have any right to charge a fee, although I don't know of any court that has explicitly ruled on the issue - this one's new on me as well.
    Quote:

    Quoting California Civil Code, Sec. 1950.5(f)
    (f)
    (1) Within a reasonable time after notification of either party's intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection. The requirements of this subdivision do not apply when the tenancy is terminated pursuant to subdivision (2), (3), or (4) of Section 1161 of the Code of Civil Procedure. 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 purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security. If a tenant chooses not to request an initial inspection, the duties of the landlord under this subdivision are discharged. If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord shall give at least 48 hours' prior written notice of the date and time of the inspection if either a mutual time is agreed upon, or if a mutually agreed time cannot be scheduled but the tenant still wishes an inspection. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver. The landlord shall proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew his or her request for the inspection.

    (2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions from the security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive of subdivision (b). This statement shall also include the texts of paragraphs (1) to (4), inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is present for the inspection, or shall be left inside the premises.

    (3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.

    (4) Nothing in this subdivision shall prevent a landlord from using the security for deductions itemized in the statement provided for in paragraph (2) that were not cured by the tenant so long as the deductions are for damages authorized by this section.

    (5) Nothing in this subdivision shall prevent a landlord from using the security for any purpose specified in paragraphs (1) to (4), inclusive, of subdivision (b) that occurs between completion of the initial inspection and termination of the tenancy or was not identified during the initial inspection due to the presence of a tenant's possessions.

    How about something like, "Dear landlord, I requested an initial inspection under Civil Code Sec. 1950.5(f), and you have refused to conduct an inspection as required by that statute. As you know, you are required by the statute to perform the inspection at my request. The statute does not authorize a fee, or give you authority to deny the mandated inspection if I don't pay you a fee. As you are choosing not to fulfill your duty of inspection as mandated by the statute, are refusing to provide the itemized statement mandated by the statute, and are preventing any repairs or cleaning authorized by the statute to correct any claimed deficiencies, I am accepting your actions as a stipulation that there are no defects with the apartment and that you will return 100% of the security deposit. Love and kisses, Mr. Tenant." (Keep a copy of whatever you send for you records.)

    I can't promise how they'll react, but it may inspire them to realize that their demanded fee isn't so important after all.
  • 05-29-2008, 07:59 AM
    cassakaya
    Re: Pre-Move-Out Inspection Fee
    Perfect.......thank you very much. Wish me luck! ;)
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