Legal Question in Landlord & Tenant Law in California

There was no move-in inspecton done when I moved into my apartment. What, if any, is my responsibility when moving out?


Asked on 4/16/10, 5:16 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Under California law, you can request a "walk-through" with your landlord prior to move-out, in which the landlord or his/her agent must identify any area where they intend to charge you for damage exceeding normal wear & tear. You do not get out from under the requirement that you surrender possession in the same or better condition than when you rented it just because there was no move-in inspection. This means that the property must be clean, depending upon how long you lived there, carpets may need to be cleaned, holes patched in walls and painted to match, any damage repaired, etc... The lack of a move-in inspection just means that you will both (you and the landlord) have a harder time proving what the condition of the property was when you moved in. This generally goes in favor of the landlord, unless you have pictures or other concrete proof of the condition when you moved in. If you request the walk-through prior to moving, then you will know in advance what they intend to charge you for, and can do further work or cleaning to ensure that you get your deposit back.

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Answered on 4/21/10, 10:20 am


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