Didn't do pre-move out inspection & tenant wants to sue!

[Shari Posey]

As first-time landlords in California, when our "nice" tenant moved out, we didn't think to give a pre-move out inspection. We didn't know we were supposed to. On the morning the tenant moved out, the property was left in bad condition. We kept a portion of the deposit and provided an itemized list of repairs we paid for plus the receipts. She cashed the check for the portion of the deposit we returned. Now, 2 months later she wants to sue us for double her deposit plus travel expenses for her to come back the state for the court date because we didn't provide her with a pre-move out inspection allowing her to remedy the damages. (Her ex-husband is an attorney.)

Her cats damaged all the screens, scratched up the carpet which had to be replaced. Her kid put stickers all over the walls and ceiling. She didn't even bother to clean the unit upon leaving it and left quite a bit of personal property behind which we had to hire haulers to remove. Is there any part of the deposit we can keep even though we didn't conduct an inspection prior to her moving out? Or, do we caulk it up to a lesson learned. Please help!! She says she file papers in a few days if we don't return every cent of her deposit.

[Jon Holdman]

Is a pre moveout inspection required in CA? Did you do the repairs yourself or did you hire someone?

I don't know CA law, but I think you have good justification, if everything you withheld is documented by receipts for the repairs/cleaning. Let her file and go to court.

All that "you didn't tell me what was wrong" is BS, IMHO. Torn up carpets and screens are not "normal wear and tear".

Jon