Legal Question in Real Estate Law in California

Hello,

I own a condo in San Diego, CA. I'm not professional Realtor, but I bought a house,so I decided to rent my previous condo as a investment property.

Recently, I was renting it to three university students. They lived our rental property for 16 months total. But one of the roommate has been changed 10 months ago, so they requested to make a new rental contract with a new roommate name and remove the old roommate's name, so the new rental contract has the date that is 10 months ago. At that time, since it was just the roommates exchange and they were still renting in our condo, we did not check the property condition at that time. All we have is the condition about 16 months ago when we originally rent our condo to them.

Q1. When they rent our condo 16 months ago, our condo was clean and nice condition, but they claim that they renewed a rental contract about 10 months ago, and at that time they already made the place dirty, so the dirty condition right now is the same condition as 10 months ago when they renewed their rental contract. So they don't have to clean the place. Is it true?

Our rental contract says that as following...."Carpets have been professionally cleaned prior to tenant�s occupancy. If, at the time of check-out, tenant has occupied the Premises for longer than six months, or if the carpet is in need of cleaning, tenant is responsible for either cleaning the carpet or the cost of carpet cleaning."

All our tenants sign this rental contract, but they're refusing to to do the carpet cleaning. Also they don't even vacuum or clean the place.

Q2. Can we charge the tenants for the carpet cleaning?

Yesterday was their move-out day. But a few days ago,they suddenly requested a walk through check out inspection before they move-out. It was sudden notice for me and I already had a full schedule and I'm not available on that day, so I told them that I'm not available on that day, so I'll do the inspection with them after they completely moved-out.

But they claims that by LAW, the owner has to provide a pre-move out inspection. Since I'm not available on that day and asked for the after move-out inspection, they claims that I'm failed my duty and I'm doing illegal business.

Q3. If I'm not available on the day requested because of their sudden notice, is it really illegal?

Q4. I believe that is hard to check the final property condition in the middle of their moving. Can the owner demand the inspection be after move-out so that the place is empty and easy to see the condition?

Our tenants are also refusing to sign our return deposit information form. It is the form that has the information about where to send their security deposit and what is the % of each tenants to receive the security deposit. Since they are 3 friends, they requested to send to the 3 different places by email, so I gave them the form and asked to sign it, so that I can confirm the information is true with my tenants signatures. But they refuse to sign the form. Right now, I can only contact one tenant and she is the one I'm dealing with and other 2 tenants are ignoring my emails, so I have no way of confirm the information is correct. I told them that I do not accept the email notice, that all move-out forms have to be in writing and signed by each tenant. Otherwise it could delay the security deposit return process. But they are still refusing to sign.

Q5. Is it ok to accept the email request? Because I can not confirm who is writing the email and I'm afraid that I will be responsible for the lost money because of the email fraud. Is it legal to ask my tenants signatures for the security deposit information form?

Q6. If they didn't give me the signed return security deposit information, can we hold onto the security deposit until we can be sure where to send it?

Q7. I believe the law requires the return of the security deposit within the 2 weeks, but when does the 2 weeks start? The day they move out or inspection day?

Could you give me some legal advice?

Thank you for your help.

Micky

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in California

Looking for something else?