Forgot to do move out inspection, tenant now wants free rent.

[Julia Preciado]

My tenant is set to move out next Friday. I made the mistake of assuming that a move out inspection was not required in CA unless a tenant requests it. The tenant is now asking for me to perform a move out inspection on their move out date and basically give them two weeks of free rent so that they can have time to remedy any repairs we find. Giving them two extra weeks would mean I would have to collect the keys from them on Christmas and delay my new tenant from moving in. The tenant is also claiming that they're afraid we're going to charge them for items we said we would fix but never fixed (this isn't true, we fixed the items and there were also a few small items they offered to fix, I have everything documented). I'm not sure how to proceed here. Would it make sense to just return their deposit in full to get them out of the house or? Suggestions? Thoughts?

[Nathan Gesner]

Originally posted by @Julia Preciado:

My tenant is set to move out next Friday. I made the mistake of assuming that a move out inspection was not required in CA unless a tenant requests it. The tenant is now asking for me to perform a move out inspection on their move out date and basically give them two weeks of free rent so that they can have time to remedy any repairs we find. Giving them two extra weeks would mean I would have to collect the keys from them on Christmas and delay my new tenant from moving in. The tenant is also claiming that they're afraid we're going to charge them for items we said we would fix but never fixed (this isn't true, we fixed the items and there were also a few small items they offered to fix, I have everything documented). I'm not sure how to proceed here. Would it make sense to just return their deposit in full to get them out of the house or? Suggestions? Thoughts?

Julia, I will start by stating the obvious: you are in the most heavily regulated, Tenant friendly state in America and had better know the laws inside and out if you want to do well. NOLO produces an excellent book, "Every Landlord's Legal Guide", that is full of practical advice and leads you to the actual state laws so you can read them for yourself. They also have a very helpful website. How heavily regulated is California? NOLO produces two books: one covers California and the other covers the remaining 49 states! There are a TON of Landlord/Tenant sites available, most of them provided by your State, City, or County. Research and take advantage of this free information because I can assure you there are some savvy renters out there that will rake you over the coals if you make one mistake.

If you do a Google search for "California Landlord law" you will get plenty of resources to start with. Here's just one example: https://www.courts.ca.gov/docu...

I'm no expert, but it appears your tenant can request a "pre-inspection" up to two weeks prior to departure to get an idea of what they can expect and for you to give them cleaning tips. This is an opportunity for you to forecast what will be needed but DO NOT make any promises about what will be returned; tell them you can't make the final decision until they have vacated and you have an opportunity to inspect a vacant unit. I didn't read the entire document but page 58 has a good example of the move-out inspection process.

The tenants are required to vacate by the termination date. You are not required to give them additional cleaning time, and you should make that very clear to them. They should do their best prior to turning in the keys. After they turn in the keys, the clock is ticking for you to clean and repair the rental and charge the departing tenant. If they want "extra time" to make corrections, the solution is for them to move out a week early, let you do a pre-inspection and identify problems, and then they have a week to make corrections before the lease terminates.

Buy the NOLO California Landlord's Law Book. It's the best $35 you'll spend as a Landlord.