Q: Landlord failed to provide me with Pre move out inspection required by the State of CA. Can he deduct security deposit?
After moving out landlord informed me that I had scratched his kitchen cabinets and will be deducting $350 for resurfacing them along with $170 cleaning fee from my $2200 security deposit. Is he allowed to deduct anything from my deposit since he failed to give me the Pre Move Out inspection?
A:
The law you are referring to is Civil Code § 1950.5(f)). The question is whether you requested a move-out inspection from your landlord.
A tenant can ask the landlord to inspect the rental unit before the tenancy ends. The inspection cannot be scheduled earlier than two weeks before the end of the tenancy or lease term. During this “initial inspection,” the landlord or the landlord’s agent identifies defects or conditions that justify deductions from the tenant’s security deposit. This gives the tenant the opportunity to do the identified cleaning or repairs in order to avoid deductions from the security deposit. The tenant has the right to be present during the inspection. The landlord must perform an initial inspection as described here if the tenant requests it, but cannot make an initial inspection unless the tenant requests it.
However, the landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice because the tenant has failed to pay the rent, violated a provision of the lease or rental agreement, materially damaged the property, committed a nuisance, or used the property for an unlawful purpose.
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