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Old 05-30-2012, 08:45 PM
 
5 posts, read 29,891 times
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My landlord will not perform a walk through with me prior to my move out date. He wants me to leave a key in the mailbox and he will examine the property at a later time. My lease in on the C.A.R. form. He has a $4200 deposit of mine. What should I do?
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Old 05-30-2012, 09:56 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,394,522 times
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I would insist that he come and do an inspection with you present. I don't know if they can actually refuse, but I'd push it if I were you and that much deposit was at stake. Tell him you'll meet him at his convenience any time, make it hard to say no. Do you have a copy of your move in inspection report or photos?
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Old 05-30-2012, 10:03 PM
 
Location: Mostly in my head
19,855 posts, read 65,814,714 times
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Take plenty of time-stamped photos or narrate video to document how you left it, if you cannot get him to come.

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Old 05-31-2012, 04:14 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,686,254 times
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It seems you're in CA and CA landlord tenant law is very specific about inspections. It's all explained very simply here:

California Tenants - California Department of Consumer Affairs

but it's very clear that your landlord cannot refuse your written request for an inspection before move-out.
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Old 05-31-2012, 04:18 AM
 
1,463 posts, read 3,266,456 times
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Quote:
Originally Posted by k8thegr8 View Post
My landlord will not perform a walk through with me prior to my move out date. He wants me to leave a key in the mailbox and he will examine the property at a later time. My lease in on the C.A.R. form. He has a $4200 deposit of mine. What should I do?
Contact an attorney! That's a lot of money for a deposit. I can't tell from your post where you live but here in ct. the landlords are suppose to take your deposit and put it into a bank/savings where it can draw interest for the time you are renting from him. I would be concerned because he doesn't want to meet you there that perhaps he has spent your deposit. Ask him right out why he won't meet you then seek legal advice. Good luck, that's a lot of money and should be gathering interest now in a bank if he has handled it correctly.
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Old 05-31-2012, 05:11 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,686,254 times
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Quote:
Originally Posted by Pammyd View Post
Contact an attorney! That's a lot of money for a deposit. I can't tell from your post where you live but here in ct. the landlords are suppose to take your deposit and put it into a bank/savings where it can draw interest for the time you are renting from him. I would be concerned because he doesn't want to meet you there that perhaps he has spent your deposit. Ask him right out why he won't meet you then seek legal advice. Good luck, that's a lot of money and should be gathering interest now in a bank if he has handled it correctly.
If you would take just a little time to read the link I posted, the OP is in the driver's seat on this one as CA laws are very different in this respect from those where you are and the OP absolutely doesn't need an attorney.
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Old 05-31-2012, 05:37 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,686,254 times
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OP: Is this the same LL you've recently written about? If so and you're not the leaseholder, you must be sure that any correspondence or any communication at all goes out under your mother's name as I recall that she's the only person on the lease. Unless you have Power of Attorney, the LL is under no obligation to communicate with you (as I recall he's already told you) so don't make mistakes where that's concerned. Good luck.
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Old 06-01-2012, 01:07 PM
 
28,115 posts, read 63,655,590 times
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Look for interesting case law to come about in the future...

If the tenant of record can document the request was made and the Landlord refuses contrary to statute... seems the landlord has greatly weakened his position.

My experience with Deposits is California is very pro tenant...

Had a co-worker that did not receive her deposit or itemized list of deductions... she was counting on the money and asked me to help...

The new owners were adamant with her... so I went with her and filed a small claims case and took the paperwork to the new owner's place of business...

I introduced myself as a friend of the former tenant and explained the situation... the owner said if the lady is not happy, she can sue...

I reached into my coat pocket and said you have been served...

She was in shock... I told her I manage rentals and am very familiar with the law... I suggested she call her lawyer that helped them with the purchase and he advised a full return by company check immediately and that is what they did...

Some Business people have to be educated on what the requirements are...
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Old 06-01-2012, 02:32 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,686,254 times
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Ultrarunner: This is what I pointed out, that CA laws are very pro tenant and the link I posted is very clear about the procedure to be followed. However, in this particular case and assuming this is the same situation which the OP has posted about in another thread, she is not the legal tenant. Her mother is so all correspondence and demands must be directed to the LL by her and not by the OP. The LL has already told the OP this. The OP can write the demands but under her mother's name and over her signature - or have a Power of Attorney executed.
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