Tenant Can Request Walk-through 2 Weeks Before Moving

Robert S. Griswold | Steven R. Kellman | Ted Smith
20-July-2003 Sunday

This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on News Radio 600 KOGO, or on the Internet at www.retodayradio.com), and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

QUESTION: Can you confirm that, in California, a tenant may now request a walk-through two weeks prior to moving out to allow time to fix anything that the landlord indicates might deduct from the security deposit?

ANSWER: Griswold: Yes. Upon receiving a notice to terminate the tenancy from the tenant, a landlord or their agent must notify the tenant of the right to request a pre-move walk-through anytime within the last two weeks. The tenant must affirmatively respond that he or she wants to attend the walk-through and the parties must reach a mutually convenient time. Tenants can also waive their rights to the walk-through or they can authorize the walk-through without their attendance.

The walk-through is intended to identify the proposed deductions for items that are clearly visible only and the landlord is not required to move items or perform an intrusive inspection. Then the landlord needs to advise the tenant in writing of the proposed security deposit deductions to allow an opportunity for a tenant to perform any needed work, but the type and scope of the work must be allowed under the lease or rental agreement.

For example, cleaning and simple repairs such as replacing burned- out light bulbs may be allowed under the lease or rental agreement but major drywall repairs might not unless done by a qualified or licensed professional.

Upon move-out, the landlord then performs another inspection and processes the security deposit accounting and any refund within 21 days as required under current law.

Question: Is it legal to deny an existing tenant to switch to another apartment in the same building. I have been renting in the building for four years. I have a noisy neighbor upstairs -- and the walls are so thin that I can hear him snore. I have to play a CD of ocean waves every night so I don't hear him.

I never would have taken the apartment with people overhead, but it was a difficult to find a decent apartment with parking, so in desperation I took the place. Now there is a rear apartment available on the top floor and I've been told "they don't allow switching apartments." Is this legal?

Property Manager Griswold: My opinion is that such a policy is not legal as long as you are a tenant in good standing, paying rent on time, having no complaints against you, etc.

Landlords can have reasonable rules for the transfer such as requiring you to put down the new security deposit and complete a new application, particularly if the new rental unit is at a higher rent than when you originally applied or are paying now.

It is not legal to charge a separate "transfer fee." Of course, the landlord should provide the legally required accounting of your security deposit for your current rental unit within 21 days.

While the arbitrary transferring of residents from one unit to the next should not be encouraged because it does create additional wear and tear on the premises, I really do not understand why your landlord would want to risk losing a good resident with a legitimate reason for wanting to move.

My elderly tenant invited me inside his unit to inspect a leaking toilet. I was shocked and appalled to see the filth caked on the floor and fixtures.

The kitchen was stacked with empty containers, some piled on the stove. The piles of debris on the floor were three feet high with only a narrow path in the center. This is clearly a health and fire hazard.

What recourse do I have to get this cleaned up? I live in the building myself together with three other tenants and we all now live in fear of roaches, rats and fire.

Landlords' attorney Smith: You have the right to expect your tenants to comply with the lease agreement regarding cleanliness and housekeeping.

This is a health and safety violation. In this case, so long as you document and can prove with credible evidence the violations by the elderly tenant, he could be subject to eviction.

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold.sdut@retodayradio.com

Copyright Union-Tribune Publishing Co.

Back to 2003 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com