Huntington Beach, CA · Member since 2015 · 7 posts · 2 votes
Hi.
I'll keep the details short with bullet points:
- Our stove stopped working and my landlord refused to fix it. At this point we decided we wanted to move then have to deal with this person
- I gave 30 day notice and asked for a move out inspection.
- Was told it was no problem and that we would do it AFTER I moved out. I said this was fine.
- The week after I moved out I tried twice to schedule the inspection. On the third call I finally reached the landlord who told me he already has contractors doing the work and he was taking a potion of my deposit.
- I clearly was denied my right to fix the issues with the apartment as stated in Cal Civil Code 1950.5
What legal recourse do I have here? Can anyone will Calif experience tell him if the inspection must happen BEFORE the move out date? Ive had a 5 year and very informal relationship with this landlord so no written records were kept.
Sacramento, CA · Member since 2014 · 513 posts · 319 votes
7y
@Account Closed, Once a tenant gives a 30 day notice, the landlord should inform the tenant of the right to a have a pre-move out inspection appointment, which can be up to 14 days before day of move out. Tenants can choose to decline it. The pre-moveout inspection is an opportunity for the landlord to list any items (beyond normal wear and tear, ie holes in the wall, stained carpeting, broken blinds, missing or cracked switch plate covers, etc.) that must be repaired or cleaned prior to move out. A landlord can choose to meet with the tenant for the final move out inspection, but most landlords and property managers prefer to do the final move out check on their own. For this reason, I recommend tenants not only take pictures of the property before they move in but also after they move out.
Most disputes between tenants and landlords occur due to disagreements with deposit returns. Even if the landlord started the repairs, it is landlord's responsibility to document and provide copies of receipts, invoices of work done to restore unit to pre-move in status. If you disagree with the landlord's return amount, you can take it to small claims court. In California, the landlord needs to return your deposit minus expenses within 21 days.
I would recommend any future relationships you have with a landlord be formal and any communication regarding repair requests, lease terms/agreements, etc be in writing. You can find out more about your tenant rights by looking up tenant/landlord rights with the California Department of Consumer Affairs.
Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
7y
I would contact a tenant advocacy group in your city. The burden will be on the landlord to prove damage i beleive. Do you have any pics or video of your space? Also they cant charge you for wear and tear only damage.
Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
7y
Also fwiw going forward always do walk through with landlord before moving. Also take video and pics. Do same when you move in a new place If your LL doesnt give you a form keep notes of anything damaged when you moved in.
Huntington Beach, CA · Member since 2015 · 7 posts · 2 votes
7y
Thanks Mary
Ive had a very good and informal relationship with the landlord throughout the years and have taken great care if his place. I wasnt expecting this type of behavior from him and I have no video or written records of anything.
The exception is a short text asking for an itemized list of repairs to my email. This text was not responded to.
Lesson learned. I will take your advice and talk to a non profit in my county for these kinds of things
Sacramento, CA · Member since 2014 · 513 posts · 319 votes
7y
@Account Closed, Once a tenant gives a 30 day notice, the landlord should inform the tenant of the right to a have a pre-move out inspection appointment, which can be up to 14 days before day of move out. Tenants can choose to decline it. The pre-moveout inspection is an opportunity for the landlord to list any items (beyond normal wear and tear, ie holes in the wall, stained carpeting, broken blinds, missing or cracked switch plate covers, etc.) that must be repaired or cleaned prior to move out. A landlord can choose to meet with the tenant for the final move out inspection, but most landlords and property managers prefer to do the final move out check on their own. For this reason, I recommend tenants not only take pictures of the property before they move in but also after they move out.
Most disputes between tenants and landlords occur due to disagreements with deposit returns. Even if the landlord started the repairs, it is landlord's responsibility to document and provide copies of receipts, invoices of work done to restore unit to pre-move in status. If you disagree with the landlord's return amount, you can take it to small claims court. In California, the landlord needs to return your deposit minus expenses within 21 days.
I would recommend any future relationships you have with a landlord be formal and any communication regarding repair requests, lease terms/agreements, etc be in writing. You can find out more about your tenant rights by looking up tenant/landlord rights with the California Department of Consumer Affairs.
Huntington Beach, CA · Member since 2015 · 7 posts · 2 votes
7y
Thanks Penny
The issue isnt the repairs or the cost of those repairs. My issue is that I was not given a chance to make those repairs myself with a move out inspection after repeated attempts to set up the inspection.
Huntington Beach, CA · Member since 2015 · 7 posts · 2 votes
7y
One question regarding my issue:
Me and the landlord both decided that a move out inspection AFTER our move out date would be better since the apartment would be empty. I know California law indicates the last 2 weeks before move out. Do I have no case in this situation?