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How far can landlord go beyond what was flagged in the Pre-inspection (california)

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Sousuke

New member
California -

We recently ended a tenancy after buying a property and are waiting on our deposit now. I asked for a pre-inspection about 5 days before handing back the keys with the house empty. The inspection was done by a professional hired by the agency (insurance auditor I think). Anyway, the report came back with only wear and tear apart from some cleaning issues (We had professional cleaners but they had to leave before it was fully clean, so that made sense). We received an itemised list of about 5 things which we've covered off. He also did a final inspection which again came back good - though our cleaner missed a few spots and the agency is seeing if the owner wants me to go back and rectify...fair enough.

But here is where they go a bit off the rails I think. They are telling me the owner will look at the property themselves and might make their own list for deductions. I've not challenged this, but under CA law if the house is clear with nothing covered up...doesn't the pre-inspection become the bench mark for deductions unless we have somehow done something new after inspection?

I've have two lovely reports from both inspections in my hands. I'm thinking either the landlord should have been present for the pre-inspection if they wanted to be part of the process or the pre-inspection was invalid as the owner isn't trusting their legal representative.

If anything comes up, am I good grounds to negotiate away deductions and go to court if needed?
 


quincy

Senior Member
California -

We recently ended a tenancy after buying a property and are waiting on our deposit now. I asked for a pre-inspection about 5 days before handing back the keys with the house empty. The inspection was done by a professional hired by the agency (insurance auditor I think). Anyway, the report came back with only wear and tear apart from some cleaning issues (We had professional cleaners but they had to leave before it was fully clean, so that made sense). We received an itemised list of about 5 things which we've covered off. He also did a final inspection which again came back good - though our cleaner missed a few spots and the agency is seeing if the owner wants me to go back and rectify...fair enough.

But here is where they go a bit off the rails I think. They are telling me the owner will look at the property themselves and might make their own list for deductions. I've not challenged this, but under CA law if the house is clear with nothing covered up...doesn't the pre-inspection become the bench mark for deductions unless we have somehow done something new after inspection?

I've have two lovely reports from both inspections in my hands. I'm thinking either the landlord should have been present for the pre-inspection if they wanted to be part of the process or the pre-inspection was invalid as the owner isn't trusting their legal representative.

If anything comes up, am I good grounds to negotiate away deductions and go to court if needed?
With two inspection reports in hand, you should be able to counter any inspection report by the landlord that contradicts what the other inspectors noted.

It is probably too early to worry. Wait to see what the landlord says.
 

Litigator22

Active Member
California -

We recently ended a tenancy after buying a property and are waiting on our deposit now. I asked for a pre-inspection about 5 days before handing back the keys with the house empty. The inspection was done by a professional hired by the agency (insurance auditor I think). Anyway, the report came back with only wear and tear apart from some cleaning issues (We had professional cleaners but they had to leave before it was fully clean, so that made sense). We received an itemised list of about 5 things which we've covered off. He also did a final inspection which again came back good - though our cleaner missed a few spots and the agency is seeing if the owner wants me to go back and rectify...fair enough.

But here is where they go a bit off the rails I think. They are telling me the owner will look at the property themselves and might make their own list for deductions. I've not challenged this, but under CA law if the house is clear with nothing covered up...doesn't the pre-inspection become the bench mark for deductions unless we have somehow done something new after inspection?

I've have two lovely reports from both inspections in my hands. I'm thinking either the landlord should have been present for the pre-inspection if they wanted to be part of the process or the pre-inspection was invalid as the owner isn't trusting their legal representative.

If anything comes up, am I good grounds to negotiate away deductions and go to court if needed?
Legally speaking you are on solid grounds. Which is to say that given the circumstances described the property owner is conclusively bound by the inspection reports prepared and submitted by the "hired agency".

See: California Civil Code Agency Sections 2295-2300, 2304-2326, 2330-2339, 2342-2345, 2349-2351
 

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