Hello, here's another question--this is my first time having a tenant vacate at the end of their lease.

We have the preliminary inspection scheduled, and I have checklist thanks to this site.

I tried to find this info in the CA landlord-tenant handbook online, but no luck.

Regarding the final inspection when the place is vacant:

The tenant wants to be present at the final inspection.

Is there a law against this?

Is this a good or a bad idea?

How would I gently word it, that no, they are not to be present when I conduct the final inspection?

If the tenant wants the final inspection the day before their lease ends *and* I have the keys in hand that "day before" and the place is empty, will this be an issue if I do the final inspection a day early? I'm sure I'll have more questions later.

Thanks!

I perform an inspection two weeks prior to move out and leave a copy of my list of all items that need replacing at their expense.

I have rarely had a tenant present after they have vacated the property. I make a detailed inspection when I want to, on my schedule. It usually takes 4-6 hours with some 200-300 pictures, so ex-tenants rarely want to spend that amount of their own time doing it with me.

But there is no law that says they have to be present. You can decline their request to accompany you.

After all they had a pre-move out inspection within 2 weeks of moving out.

As Coplin said, the "final inspection" can take quite a bit of time. In fact, some things can appear even later, after turn-over/repair work has begun. Any damage discovered right up to the end of the timeframe for sending the final security accounting can be added on.

So:

Most of my units are "B" and "C" grade when it comes to being concerned with final inspections. My tenants really need their deposits back quickly and can't wait the entire 21 days.

But I have to protect myself. Just because they surrender their keys, maybe a friend, guest or family member has a copy and once my tenants are out, the key holder COULD pull up with a moving truck and claim occupancy -- evictions taking forever, I'd be screwed!

So I agree to meet my tenants for a final inspection. Only if things are "great" I can cut them a check right then and there. But I'll need them to sign a document saying they are out of the unit and have surrendered it to the owner and NO ONE ELSE has any rights to the rental. No one has ever paid the rent to the owner except those listed on the lease. There are no roommates, friends or family member that occupy any space in the rental.

Because each of my tenants have averaged a 5 year stay in an apartment, I've collected over $60,000 in rent, $35,000 being profit. A dirty carpet or a stove with grease all over it doesn't phase me. I will probably replace them anyways.

In most cases I hand the departing tenant my survey with their deposit refund, and a return envelope with pre-paid postage.

Thank you everyone, especially you special California people!

I have yet another couple of questions, but will make a separate post for that.

" Regarding the final inspection when the place is vacant:

The tenant wants to be present at the final inspection.

Is there a law against this? "

You are very foolish to look to the landlord-tenant handbook for definitive answers. IT IS N O T the law.

Ca CCC 1950.5 says the following:

"Within a reasonable time after notification of either party’s intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of the tenant’s option to request an initial inspection and of the tenant’s right to be present at the inspection."

So much for the answer to 'is there a law against this?'

"Is this a good or a bad idea?"

It is a VERY BAD idea. A judge can (and probably will) throw out ANY claim arising from the inspection because the landlord failed in his responsibility to notify the tenant in writing of the tenant’s right to be present at the inspection.

"If the tenant wants the final inspection the day before their lease ends *and* I have the keys in hand that "day before" and the place is empty, will this be an issue if I do the final inspection a day early?"

This invitation is for an INITIAL INSPECTION, not a final inspection. CA CCC 1950.5 has the following timelines:

"At a reasonable time, but no earlier than two weeks before the termination or the end of lease date, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises for the INITIAL INSPECTION:"

and further,

"The landlord shall give at least 48 hours’ prior written notice of the date and time of the inspection if either a mutual time is agreed upon, or if a mutually agreed time cannot be scheduled but the tenant still wishes an inspection. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver."