Legal Question in Landlord & Tenant Law in California
Initial Inspection
What if the landlords deny the Initial Inspection is there an repercusions and do they have a right to take the security deposit?
3 Answers from Attorneys
Re: Initial Inspection
First,
You should not sign a lease if you can not inspect the premises.
Second, look at the lease. Oftentimes, it will give a Tenant several days within which the Tenant may give the Landlord written notice of all of the things wrong with the premises.
You should make sure to give the Landlord this list in a timely fashion, so that those items on the list cannot be charged against your Security Deposit upon termination.
Re: Initial Inspection
What exactly is meant by "deny"? Did landlord(s) refuse to go with you for initial inspection, or were you denied an inspection? I can't tell from the facts what "repercussions" you fear. Are you at beginning or end of your lease? Also, can't give an answer to security deposit question, for same reasons. You may e-mail me directly, or call my office, with more facts, and I'll try to help you.
Re: Initial Inspection
I assume you are taking about the initial walk through where both of you examine the premises for any defects and note them so that you are not charged for damages when you finally leave the rental. Doers your written lease agreement with the landlord say anything about the initial inspection; if it does, that would control the situation.
I do not know off the top of my head if there are any legal provisions as to this. I would think it is to the landlord's disadvantage to not come with you on the inspection. I assume you have seen the inside of the unit; if not, tell the landlord that yo will not rent until you first can see what the inside looks like. Ask the landlord why they will not allow the inspection, as it is to the landlord's advantage as otherwise it is your word against his speculation. If the landlord still refuses, I would be suspicious of what the inside is like, especially if you have not had a the chance to really look carefully at it. You can tell the landlord you are not going to rent a place sight unseen and that is part of the common law rights anyone has as to a contract [you have to know what you are buying].
If you still want to go through with the rental, then take someone along with you and video tape or take photos in detail of anything that might not be right or damaged, test the stove, water flow, heater, hot water, drips, etc. The write a detailed letter to the landlord listing all the defects and if possible send to him a copy of all the digital photos.
Good luck.