Results 1 to 2 of 2
  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Question Landlord Refusing Final Walk Though and Return of Security Deposit

    My question involves a security deposit in the State of: California

    Hi all, I will try and be concise but if I leave out anything important please let me know.

    After many months of problems with our landlord we were advised by an attorney and the city home inspector to move out of the home we were renting. The rent was paid up to the time we moved out.

    If I am understanding the civil code correctly the landlord should have already notified of us of our right to a final walk through which they have not done. We have notified them several times, both over the phone via a third party and through written registered letter that we are requesting a walk through. The only response we have received is a voice mail saying they will not be returning the deposit. They are also refusing to provide us with a list of damages or reasons for not returning the deposit.

    If they do not return the deposit we intend to take them to court. I want to avoid a situation where they say they offered the walk through and we denied it which is what I suspect they will do. What steps can we take to avoid that?

    My other question is it is now nearing the 21 day mark, are we required by law to notify them that they have less than a week to schedule a walk through or we will be asking for the deposit plus 2 times damage?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Refusing Final Walk Though and Return of Security Deposit

    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.
    From what you have written, it sounds like you didn't give your landlord notice that "I'm moving out as of X date" such that he could respond with notice of your right to an inspection. You appear to be stating that you moved out and told him after-the-fact. Am I misunderstanding you?

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: No Lease - Landlord Refusing to Return Deposit
    By elysiaretz in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-15-2011, 01:53 PM
  2. Security Deposits: Landlord Won't Return Security Deposit
    By soupy920 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-26-2011, 09:13 AM
  3. Security Deposits: Landlord Does Not Return Security Deposit
    By VincentG in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-20-2009, 07:54 AM
  4. Security Deposits: Landlord Refusing to Return Security Deposit
    By Milesprower in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-03-2009, 08:52 AM
  5. Security Deposits: NYC Landlord Claiming Damages And Refusing To Return Deposit
    By karin1031 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-07-2007, 06:45 PM
 
 
Sponsored Links

Legal Help, Information and Resources