New law bolsters right to inspections

Question: When I moved out of my previous apartment, the landlord refused to do a walk-through inspection with me. He then kept part of my security deposit for repairs, which I felt were unnecessary.

I am about to give notice terminating my current apartment tenancy.

Does the law require a joint walk-through inspection?

Answer: Effective Jan. 1, California Civil Code 1950.5 was modified to require a pre-departure inspection by the landlord to give a tenant the chance to remedy any known or visible defects that could cause deductions from the security deposit.

In general, the new law requires a landlord to give a specific written notice to a tenant at the time the landlord becomes aware the tenancy is ending.

The notice must inform the tenant of the right to request an inspection for the purpose of identifying defects that the tenant may fix to reduce or avoid deductions from the deposit.

If the tenant requests an inspection, it must be initiated and performed by the landlord two weeks before the tenancy ends.

A landlord must give the tenant at least 48 hours’ written notice of the inspection for a time that is mutually convenient for all parties.

If they agree, the landlord and tenant can waive the 48-hour requirement.

The tenant can request to be present during the inspection. Following the inspection, the landlord must give the tenant a written list of apparent tenant-caused defects that need repair.

The only time a landlord is not required to do such an inspection is when a tenant does not request it or withdraws the request.

A landlord can perform a final inspection after the tenant has moved and is entitled to use the deposit to correct any itemized defects the tenant did not fix, defects that occurred after the initial inspection or defects that were not identified during the initial inspection because of the presence of the tenant’s possessions.

The requirement to account for the security deposit within three weeks after a tenant moves has not changed.

Under the new law, if a court finds that a landlord has retained any portion of the security deposit in bad faith, the court may award the tenant statutory damages of up to twice the amount of the deposit.

Landlord visits require notice

Question: Is there a law that addresses how and when a landlord can enter a rental property?

Answer: Yes. Effective Jan. 1, several changes were made to Civil Code 1954 that govern how and when a landlord can enter a rental unit.

The new code requires a landlord to either serve a written Notice of Intent to Enter directly to the tenant or leave it with someone of “suitable age [16 years or older] and discretion at the premises.”

If there is no one present to accept the notice, it can be left on, near or under the usual entry door in such a way that it is likely to be discovered.

Alternatively, the notice may be mailed to the tenant at least six days before the landlord intends to enter.

Six days is considered to be a reasonable length of time, unless there is evidence to the contrary. For example, more time is required if it is known the tenant is on vacation or is not available to receive the notice.

An important aspect of the new code is that the landlord can no longer claim it was impracticable to notify the tenant if proper notice was not given.

The only exceptions to this requirement are emergencies, court orders, repairs agreed upon in advance or sale of the property.

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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.

For complaints about or help with housing discrimination questions, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.