Legal Question in Real Estate Law in California
Apt. manager says we need to do walk-thru on last day. Is this legal?
We are finally getting out of our horrible apt. and gave our 30 day notice. Our last day is on the 18th and the apt. manager says we need to do the walk-thru on the 18th. She said she pre-leased our apt. so they need to get it cleaned right away. I told her since we paid for that day, we should get the whole day to move our stuff out and that we can do the walk-thru the next day. We really need the whole day to move since we only have one person helping out and have a child as well where it will be difficult to leave by 5pm. Is this legal? I didn't see anything on our lease contract about this. I want to do the walk thru but the apt. manager wants all of our stuff out by 5pm and that won't be happening. So my question, is: since we paid for that day, shouldn't we get all day to move out? Thank you.
1 Answer from Attorneys
Re: Apt. manager says we need to do walk-thru on last day. Is this legal?
There are seemingly good aguments on both sides. Perhaps some of the other attorneys know of some case law on this issue.
I would say that that on the following basis she is correct. While ou paid for the 18th, the 19th and on are "owned" by someone else and you are not permitted to go into the unit without their permission. By not being fully out by the end of the `18th, you prevent the new tenant from moving in any sooner then the morning of the 19th, which is a day of rental paid by that tenant. If everyone follows the same rule no one has an advantage over anyone else.
If the apartmentwas really horrible with various City code violations you might have had a case for constructive eviction.
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