Legal Question in Real Estate Law in California

My tenant has moved out of my apartment complex. The tenant orally notified me that they would hire a cleaning crew to clean up the property before the move out so that I would not have to and upon cleaning they expected to get their full deposit back. They were suppose to vacate the said premise by the end of the month of November, but they did not give me back the keys until the 5th of December and the unit was not cleaned and there is still markings from their daughter all over the wall and grease all over the kitchen table. They demanded that they receive their deposit back the day they returned their keys. I will give them back most of the deposit but since the unit is in a dirty condition, I would need to deduct costs for cleaning crew in which i plan to provide itemized deductions and the 5 day of rent that should be pro-rated. They claim that they should get everything back and if they don't receive it they will go to small claims, but to my understanding the 21 day rule applies in California and I still have the right to evaluate the property and hire a cleaning crew before returning their deposit. My question is, I failed to notify them by letter that they have a right to pre-move out inspection upon receiving their oral notice to move. In that situation, would I have forfeited my right to the security deposit even though I am going to abide by the 21-day rule? Thank you so much for your help!


Asked on 12/05/11, 9:40 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Your understanding of the law is correct. You are at fault as to the pre-move out inspection notice, but what harm occurred to them? Give them a notice now that they can have an inspection [you want one to be able to show them what needs to be done]. Until they left there was no point to a pre-leaving inspection as they were still there and could do damage. you could argue that they did not comply with the 30 day notice they gave and they owe to the end of the month plus as they did not move out within 30 days of their notice to you. they probably will not sue and they will probably not win much if anything if they do. Be sure to completely document that damages and the money spent to repair it.

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Answered on 12/06/11, 12:11 am


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