We gave to our tenants 60 days notice of the termination of their month to month lease in california. We notified them that they could request a move out inspection.

They requested it the day before the end of the lease. We are required to give them 48 hours notice, which is after the lease ends.

Not sure how this works but it you can download he newest state and local tenant rules you want to look for charging them the damages or another months rent to give them time to repair. In my world we charge for repairs in the next rent cycle, but in reality the inspection s are about 3-4 months apart, need to ask your manager of anything was damaged most recent inspection and why not billed the tenant?

" Is the tenant’s request legal because it was so last minute? "

Not really. CA law says that the tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver. If LL declines to execute the waiver, then the law doesn't say what happens.

I would execute the waiver and give him the inspection. Courts favor both parties getting all of their rights and opportunities, plus, if you are a fair landlord there is no reason to refuse.

Tony,

Does it matter to you?

Document the date of their request to avoid disputes later and do the walkthru.

Friendly relations, cooperation, and good communication at move out can save you tons of money.

Get er done!

First, thanks for the comments.

Second, I forgot to mention we live 3000 miles away. So, the last minute request is really hard to accommodate...

Are you saying that the day before they were due to move out, they asked you to come do the inspection that day??

Since it's clearly going to be an inconvenience, I'd respond, "Thank you for your request. Unfortunately, the 48-hour notice period required will not allow us to respond until after the termination of your tenancy. A full written accounting of any charges against your security deposit will be provided within the time limit set by law."

Tony,

Hire a realtor for $50 to take photos. Most are broke and happy for the money.

I'd ask for the person who takes the listing photos.

Robin was typing at the same time. I agree. Something's up. Stay right on top of this one.

More info...how far in the future is this anticipated move out and inspection? End of this month?

I like Jeffrey's teaching to do a walkthru 3 months before move out. This gives me a chance to plan and even start some repairs such as the exterior.

If I recall CA requires the LL to do a pre-move out inspection if the res asks. So text them back and schedule something for now by your helper.

I hope you would not be flying 3000 miles just to do an inspection. They might not move out on the day you planned.

Robin and Brad,

This request for CA walk-through requires a little background.

In CA, landlord is required to notify tenant of his right to request a "preliminary inspection" where he can be notified as to what items LL plans to deduct from the SD. The preliminary inspection is meant to allow the tenant opportunity to correct these matters himself to avoid being charged. Judges take this responsibility very seriously, and generally will not allow any SD deduction where the landlord has not given tenant this opportunity.

I had a tenant like that last fall who gave me short notice request for the inspection. I gave him his inspection because I'm an easy-going guy, and I don't cheat on SD deductions anyway, plus I haven't had a request for this inspection in many years, but I wondered if I had a right to refuse the inspection by declining to waive the 48 hour notice. I never bothered to call my attorney to ask.

I don't know the correct answer.

Short answer = sell, unless you own the plane it is always going to be hard to manage this way, you will need to train a manager for prolly 4-6 weeks of you want to reopen for business.