Legal Question in Landlord & Tenant Law in California

My partner and I have moved out of our previous apartment in Oakland, California and requested a move out walk through. We have a voice mail from our landlord agreeing to a day and time for the move out walk through. He then called a few days later saying he could not meet us. He wants to do the walk through alone and to meet the gardener of the apartment and give him the keys and also said it is not necessary for us to be at the walk through. We told him we are not comfortable with giving the gardener the keys and could meet with the landlord as soon as he is better as we would like to be there for the walk through. The landlord became belligerent and intractable saying that we don't get to dictate how things go and that we are refusing to give the keys back. We stated that we have moved out are not withholding the keys and only want to be able to do a walk through together and give the keys to him personally. He hung up on us. What is our recourse? His requests seem very improper and we would like to get our deposit back.


Asked on 11/03/12, 6:30 pm

1 Answer from Attorneys

Is your landlord being irrational? Maybe. Who is wrong from a legal standpoint? YOU. By keeping the keys you are illegally holding over beyond your tenancy. You are setting yourself up to lose your deposit. He has given you legitimate instructions to deliver the keys to an agent of his choosing, and you are refusing. You are not entitled to be present for a walk through unless it occurs while you are still occupying the property. Take pictures, make a video, and turn over the keys. Your landlord is correct here. You are not entitled to hold the keys until the landlord complies with your preferences for how to handle the move-out, and you are risking your deposit, not to mention an unlawful detainer action against you if he really want's to stand on his rights.

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Answered on 11/03/12, 8:23 pm


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