Landlord never did walk through, now keeping deposit

[mrslunar]

What is the name of your state (only U.S. law)? California

We moved into a rental home a year ago and the landlord never did a walk through with us, simply handed us the keys and we moved in. They also did not do a walk through when we moved out, simply asked us to return the keys.

Are they entitled to keep any of the security deposit?

 

[swalsh411]

Why are they claiming they have a right to keep it?

 

[mrslunar]

Well, they are actually just keeping about half of it (about $1200) for replacing four sets of blinds (just plain plastic ones) and repair of some nail holes in the walls. The repairs are clearly not $1200 worth of damage, and we do have photos of before we moved in and after. So we are looking at taking them to court. I certainly would be ok with paying for the blinds and the minor repairs, but we're just looking at all our options before heading in. We've been told a number of times that in California, if they didn't do a walk through then they aren't entitled to keep ANY of the deposit.

 

[platinum769]

California Department of Consumer Affairs

MrsLunar,

I found this site very helpful .. it explains the laws on security deposit. Quite lengthy, but definitely worth the read.

Landlord/Tenant Book Index - California Department of Consumer Affairs

Also, depending on which county you live in California, there may be free legal assistance. A company called Project Sentinel serves the Bay Area.

I know for a fact that the landlord needs to itemize the cost of repairs.

 

[JETX]

Are they entitled to keep any of the security deposit?

Did YOU request a move-out inspection in WRITING??

If you did, the following from the CA Civil Code (section 1950.5.) would apply:
(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.

Further, from the same Code:
(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.

 

[Ozark_Sophist]

Did YOU request a move-out inspection in WRITING??

If you did, the following from the CA Civil Code (section 1950.5.) would apply:
(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.

Further, from the same Code:
(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.

Why are you asking if OP asked for inspection in writing? Nothing in your citation suggests a written notice by the tenant is necessary. In fact, the code reads the opposite of your "advice."

OP, Did the landlord inform YOU IN WRITING of your right to request an initial inspection?

 

[mrslunar]

They did not inform us of our rights to an initial inspection, but I did ask for a final inspection and was denied.

 

[mrslunar]

I would think that if they have no documentation of how the house was when we moved in, then it really limits what they can say we did and what was there when we moved in. In all honestly, the photos we took on move in and the photos we took on move out are nearly identical.

 

[alwayslearning2]

Here's how to get them...

I would think that if they have no documentation of how the house was when we moved in, then it really limits what they can say we did and what was there when we moved in. In all honestly, the photos we took on move in and the photos we took on move out are nearly identical.

Hi there! I have been through this one myself. We never did a walk through inspection upon moving in, and I was worried that a broken closet mirror that was originally cracked would be our responsibility. In writing, I asked them to provide me with move in condition checklist that I filled out upon moving in. If they cannot provide it and you claimed to fill it out, they cannot legally charge you for damages. This is b/c you have claimed to fill one out and that both parties signed it. If it is not in your file, well then they must have disposed of it for financial gain. Hence, they cannot charge you! I got back EVERYTHING in my deposit with the exception of $58 for a carpet cleaning which is CHEAP for a carpet cleaning! I have been through so many different instances where somebody tries to keep all my deposit, and I always win in the end. The trick to get your deposit back without hassle or delay is to notify them before you move out that you are aware of your rights as a tenant and all the information you have acquired about the condition of the unit upon moving in. That way they can let you know if they contest anything and you can address it before you move out. This is why a walk-through inspection is necessary before moving out so that they can offer you a chance to make repairs so that they do not have to hold it from your deposit. Good luck!

 

[Searchertwin]

Hi there! I have been through this one myself. We never did a walk through inspection upon moving in, and I was worried that a broken closet mirror that was originally cracked would be our responsibility. In writing, I asked them to provide me with move in condition checklist that I filled out upon moving in. If they cannot provide it and you claimed to fill it out, they cannot legally charge you for damages. This is b/c you have claimed to fill one out and that both parties signed it. If it is not in your file, well then they must have disposed of it for financial gain. Hence, they cannot charge you! I got back EVERYTHING in my deposit with the exception of $58 for a carpet cleaning which is CHEAP for a carpet cleaning! I have been through so many different instances where somebody tries to keep all my deposit, and I always win in the end. The trick to get your deposit back without hassle or delay is to notify them before you move out that you are aware of your rights as a tenant and all the information you have acquired about the condition of the unit upon moving in. That way they can let you know if they contest anything and you can address it before you move out. This is why a walk-through inspection is necessary before moving out so that they can offer you a chance to make repairs so that they do not have to hold it from your deposit. Good luck!

This part does not make sense..." If they cannot provide it and you claimed to fill it out, they cannot legally charge you for damages. This is b/c you have claimed to fill one out and that both parties signed it. If it is not in your file, well then they must have disposed of it for financial gain."
The OP WOULD have to have a copy also...Every tenant could say they filled one out, whereas they didn't, and claim that they did and the burden lies with the LL to produce one?? I don't think so...A tenant should always have a copy of everything, without one, they are out of luck.
And the "trick" to let them know of their rights can also backfire. I would have to prove my point if they come off thinking they know it all and try to shove it down my throat,..makes a condition that could have been smooth, a disastrous one.
If one knows their rights, they don't have to flaunt it, they will know how to use it. All one needs to do is simply request in writing that they desire to have a walk-through at end of lease. The LL will know than, that they know what they are doing. A smooth transaction, not a disastrous one.