In CA if you request a final walk through and your landlord denies it what legal rights do I have?

Question

I asked my landlord for a final walk through well in advance of my move out date. She said it was unecessary and would give me the deposit back when I moved out. Now she is trying to keep a good portion of my money to pay for cleaning, carpet replacement, etc. What legal rights do I have? If they don't give you a walk through do they automatically default on their right to deduct from your security deposit?

Answer 1

There is no legal requirement for a walk through in California.  I hope you got a lot of pictures of the apartment just after you moved out.  

If the landlord kept more money than was necessary to return the apartment to the condition it was when you moved in, go to small claims court.

Answer 2

You will most likely need to go to small claims court and tell your story.......................Did you take photos of the place prior to handing over the keys? Can you prove the condition of the property?

I would go to the book store and get a copy of California landlord tennants rights.

Answer 3

I found this website to be extremely helpful and user friendly:

http://www.dca.ca.gov/publications/landl...

Did you request the walk-through in writing, and was it denied in writing?  If not, this becomes a he said/she said.  Did you provide a written letter 30 days prior to move-out indicating you would be vacating the premises?  If not, you've got a problem.

In CA, a landlord has 21 days to RETURN your security deposit, or to send you an itemized list of damages WITH copies of receipts.  If your landlord did not comply with this, THEN you have a legal right.

If you don't agree with the deductions from your security deposit, you MUST follow the following steps:

1.  MAIL a letter, (with signature receipt to prove it was sent) to the landlord stating you don't agree with the deductions.  Indicate what you think is "fair" and request a return of what you feel you are entitled to.  Set a date that you expect a response by.

2.  Advise your landlord that if they do not comply with your request, you will file in small claims court.

3.  File a claim online - it is very simple to do now.  You can mail in your request for a hearing.  It is typically about $50, so it is worth it.  You can seek recovery of your court costs and applicable attorney fees, however you cannot have an attorney represent you in small claims.

Typically, just sending the letter to advise the landlord you know your rights does the trick.  Make sure you reference to civil codes indicated in the website I sent you.  

If you believe you're in the right, this is really your only means of getting resolution.

Answer 4

I would definitely go to small claims court. Explain to the judge that you were refused a final walk through, that should make the landlord appear as if they were planning on keeping your deposit regardless of what condition the place was in. I used to live in CA and got sick of landlords nickel and diming me for the deposit so I started videotaping (it offers a better view of the condition than pics) properties I rented after I was all moved out and the place was spotless. It stopped the nickel and diming. I can tell you that legally, she has 30 days to notify you...in writing...that she a) is keeping $_____ of your deposit and b) provide you with an itemized list of what needs to be done and the amount needed to repair it. If she doesn't do these two things within 30 days, she is out of luck and you are entitled to all of the deposit back. I had that exact situation in one rental. She was past 30 days and wouldn't give the money back, verbally claiming damages. I had a paralegal friend write a letter and I got all of the deposit money back.

Answer 5

Well I know in los angeles she/he cannot take out for normal 'wear and tear' that carpets MUST be replaced and unit re-painted.

But she/he can definitely take out for holes in carpet by you of course, holes in walls, broken windows, cracked windows, etc. that kind of thing.

She/he MUST in three weeks send you an itemized report of everything she took out of your security deposit and also in Los Angeles she has to pay interest on your security deposit if over one year old.  Each yearly percent is on the internet.  Look it up.

Now if I were you I would seriously take pictures MANY of them Tons of them of everything and if you can video tape your unit before you move out also if she does not do a walk through with you.

Also I would have a witness too of what your unit looks like after you moved out.

Good luck!!!

Answer 6

If they don't do a walk through, it changes nothing for you concerning damages caused.  You should have got out your digital camera and started taking photographs of the condition in which you left the property.

At this stage, it's your word against hers, and I'm going to bet that SHE has pictures of what you left.

Answer 7

go to small claims because there is what is considered

normal wear and tear....

after you have lived there for any length of time, certain things are expected at THEIR expense....not yours...

such as painting and carpet cleaning...

I video taped my apt when I moved out...

Answer 8

You have the landlord under (CA Civil Code section 1950.5) the landlord had to offer you in writing the walk through it was not your responsibility to ask for

her refusal means she is estopped from asserting deduction after the fact because she did not give you a chance to cure any violations

sounds like a little small claims complaint easy and you should win