Pre-move out inspection

[Hamid Akbarzadegan]

My tenant after signing the year lease decided to move out two months into the lease. I listed the house in worth time (december) and was able to find the tanant how ever the new tenant have a dog so i had to install fences in the backyard and that was the only tenant i was able to find in that time frame so she moved out on dec 27 and new tenant move in on dec 31. She text me on dec 27 asking for pre move out inspection; i went to the house and verbally told her the issues and since we only had two days to get the unit ready for next tenant i and contractor i hired started fixing things and barely made it ready by dec 31. She stop by and left one time on dec 28. She texted me on dec 31 at 3:30 pm asking for move out inspection!!! Which i text her back that its too late now. I send her the repair work that i was able to do in such a short timw and did not charge her for things i could not do in two days. Then she send me a letter treating to go to court unless i pay her back all the security deposit! What should i do? I did everything for her not to be responsible for single extra days when she brakes the lease and then she is taking advantage of it. She is also treating punitive Damage!

[Michael Peters]

It would entirely depend on your state laws.  In Iowa I'm under no obligation to do a move out walk through of the property with anyone whether they stay to the end of their lease or break it.  I always do a quick walk through as a courtesy but do the in depth inspection in private.  If they broke the lease I most definitely wouldn't give them a walk through.  From a legal stand point doing a move out walk through and accepting keys back affirms that the lease is mutually ending.  Just make sure you provide the tenant with a Disposition outlining what they are being charged for and why within your states required time limit.  I would make sure this is sent certified mail for your records.

How were you notified that the tenant was breaking their lease?  Do you have a condition catalog and pictures of the property of before the tenant moved in?  Do you have pictures or records of all work that was completed?  Having this information would dictate whether you would settle or fight the tenants claims.

Found a quick breakdown of California Deposit and Walk Through Laws.  Not a lawyer so make sure to do your own research and consult a lawyer if you have any concerns.  Based on what I read it looks like you have 21 days to return the deposit.  You need an itemized deduction and you can without funds for work yet to be completed (I would get a contractors estimate for your records).  The article doesn't state a walk through is required.  In my opinion this was waived when the tenant broke the lease.  

It sounds like the tenant is just trying to extort money from you.  Unless you believe you missed something or receive an actual demand letter from an attorney I would disregard the letter.  Hope this helps as a good starting point!

https://www.thebalancesmb.com/california-security-deposit-law-2125062