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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Move-Out Inspection Issue

    My question involves landlord-tenant law in the State of: CA

    I was living in a place in san diego county and after I gave my moveout notice I received no letter explaining my rights to a pre-moveout inspection. when I (unwittingly) tried to exercise this right (I called and specifically asked the landlord to come look at the carpets and advise me on what he'd like done) he said 'no, that won't be necessary'. once I moved out I waited a couple of weeks and call the guy up to ask what he had done about the carpet. you see, I moved into this unit in what I'd call 'odd' circumstances. a friend of mine had been living there with a roommate and the roommate got a dog (which is against the rule of the complex). when the landlord found out about the dog he kicked them out for violations of the contract. when my friend found out about this she asked if she found another roommate if she could stay. the landlord agreed but only gave her, I think, three or five days to find someone. when I moved in there was no inspection performed but there were stains all over the place where the dog had peed and the roommate had left it alone. anyways, when I ask the landlord what he had planned to do about the deposit he said that he was keeping the whole thing because he had to replace the carpet (I lived there for 3 years and 9 months and the carpet was installed about 4-5 years before I moved in) and that I should be expecting a bill for what the deposit didn't cover of the replacement costs.
    considering that he didn't inspect the place before I moved in after specifically evicting the other girl for having a dog and the fact that he denied me my right to a pre-moveout inspection..are any of his actions here legal?

    thanks for reading and any advice/help you can offer..

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

    Default Re: Move-Out Inspection Issue

    You don't explain your relationship to the landlord. You occupied the apartment to replace somebody's roommate, but on what basis? You were the remaining roommate's subtenant? You and the remaining roommate entered in to a new lease with the landlord? Something else?

    The deposit at issue was paid to the landlord by you, or are we talking about a deposit paid to the landlord by the original pair of roommates?

    What happened to the remaining roommate?

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Move-Out Inspection Issue

    the remaining roommate and I entered into a new lease with the landlord, however, the deposit I paid was to the departing roommate.

    the roommate stayed on for a while then moved out and I had two other roommates after her successively. each time a new roommate replaced one of the old ones a new lease was issued by the landlord detailing the new tenancy and the full amount of the rent and deposit, however, each time the new roommate would pay the deposit directly to the departing roommate. also, at no time during all this roommate shuffling was an inspection of the apartment ever performed, nor any letter sent about the 'right to an inspection' (I'm sure the law is much less clear about responsibilities there when it comes to 'roommates', though).

    my main concern is the fact that he evicted the original roommate for having a dog, then never inspected the place to see if the dog had caused damage. now he's trying to take the damages out of my deposit saying that it was my responsibility - even though he obviously knew about the dog.

    I know, it's all very confusing..and I'm probably not doing a very good job explaining it..

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