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Old 05-31-2003, 03:29 PM
Nat704
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tenant disappeared


What is the name of your state? California

one of my tenants bought a house and gave us 30 day written notice that she would move out by today. we told her at the time to contact us b4 she moved out completely so we could do a walk-through inspection with her. she hasn't done so. she still has furnishings (fridge, pictures) in the apt and has neither contacted us, returned our keys, nor left us any forwarding address or phone number for us to contact her.

if she hasn't returned the keys, can we charge her rent for june?

can we get in trouble for not returning the deposit even though we don't know where to return it to?

any help will be appreciated. thank you.
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Old 05-31-2003, 03:51 PM
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"if she hasn't returned the keys, can we charge her rent for june?"
*** Even though she has given you notice of INTENT to move,if she still has keys, access to property and her property is still on premises, she is still a tenant and subject to rent payment. Have you re-leased the property?? If so, when is the new tenant to take possession??

"can we get in trouble for not returning the deposit even though we don't know where to return it to?"
*** Based solely on your post, no. The point being, she hasn't vacated the property as yet. And that 'vacating the property' is the key phrase in the security refund section of the statute, CA Civil Code, §1950.5:
"(g) Within three weeks after the tenant has vacated the premises, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received
and the disposition of the security and shall return any remaining portion of the security to the tenant."


One point you didn't mention.... did you comply with the following (same Code):
"(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. 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 subdivision (d) and 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."
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