Landlord Tip of the Month – November 2011

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This Month’s Tip:

HANDLING TENANT MOVE-OUTS

One of the areas that is often overlooked is how to properly handle a tenant move-out, especially the proper handling of a tenant’s security deposit.

Assuming the tenant gives you at least 30 days notice, or if you terminate a tenancy with either 30 or 60 days notice, you must provide the tenant with a notice informing the tenant she/he has a right to request a pre move-out inspection. (Civil Code § 1950.5.) If the tenant requests the pre move-out inspection, it must take place no later than two weeks before the last day of the tenancy. In practice, a pre move-out inspection is similar to a pre move-in inspection or a final walkthrough inspection of the unit: the purpose is to note defective conditions and damage beyond normal wear and tear. With the pre move-out inspection, however, you are also required to give the tenant a good faith estimate of what you anticipate the repairs will cost. The California legislature’s rationale behind this pre move-out inspection is that it provides the tenant with an opportunity to make some repairs to the unit in order to get more (or all of) their security deposit returned.

Please see full newsletter below for more information.

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Published In: General Business Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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