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§2.05 Inspection of Premises

Within a reasonable time after either party gives the other notice of intent to terminate the tenancy, or before the end of the lease term, the landlord must give the tenant written notice of the tenant’s right to request an initial inspection of the premises and to be present at the inspection. [CC §1950.5(f)(1).] This duty, however, does not apply when the tenancy is terminated under CCP §1161(2)–(4) for nonpayment of rent; breach of another lease covenant; or assignment, sublease, or commission of waste or nuisance in breach of the lease. [CC §1950.5(f)(1)].

The purpose of this inspection is to allow the tenant to avoid deductions from the security deposit by remedying identified deficiencies. [See CC §1950.5(f)(1).] If the tenant requests an inspection, the initial inspection must occur no earlier than two weeks before termination of the tenancy or end-of-lease date but before the landlord’s “final inspection” of the unit after the tenant has vacated. The parties must attempt to schedule the inspection at a mutually acceptable date and time. Unless waived in writing, the landlord must give 48 hours’ written notice of the date and time of the inspection. [CC §1950.5(f)(1).] The notice must inform former tenants that they have a right to reclaim abandoned personal property. [CC §1950.5(f)(1)].

Based on the inspection, the landlord must give the tenant an itemized statement specifying the repairs or cleaning that are proposed to be the basis of any deductions from the security deposit. [CC §1950.5(f)(2).] Between the time of the initial inspection and the termination of the tenancy, the tenant may remedy the identified deficiencies to avoid deductions from the security deposit. [CC §1950.5(f)(3).]

Lesson 2:
Tenant Security Deposits
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