LandlordsNewsletterA57-Fall2016, Page 10

LandlordsNewsletterA57-Fall2016, Page 10

Tenant’s Right to Have Pre-Termination Inspection of Residential Tenancy Premises

Continued from page 1

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terminated by the landlord due to the issuance inspection verbally or in to the next tenant.

and subsequent non-compliance by the tenant of a Notice to Pay Rent or Quit , a Notice to Perform Covenant or Quit , and/or a Notice to Quit (see Code of Civil Procedure Section 1161 ).

writing, which may include text or email notification.

According to the express language of California Civil Code Section 1950.5 , under certain circumstances, the first written notice to the tenant regarding the pre-termination

The underlying theory of the Notice of Tenant’s Right to Request

inspection is the one that informs the tenant that s/he has a right

Pre-Termination/Initial Inspection of Residential Tenancy Premises

to have an inspection before the tenancy is terminated. That must

and Itemized Statement of Deficiencies is a positive belief in human

take place within a “reasonable time” that is not specified. Many

nature. Essentially, the premise is that if the tenant is notified in

suggest that thirty days is reasonable, although it is possible to

writing in advance of the “cleaning” and “repairs” as defined in the

interpret reasonable to be a shorter period, so long as the tenant

code section, prior to the actual termination of tenancy date, the

is allowed the opportunity to have the inspection allowed by his/

tenant will diligently and dutifully clean and repair those items

her request.

for which the tenant is responsible — and thus, no deductions from the security deposit or landlord claims due to the tenant’s vacating the premises in an uncleaned and damaged condition.

The tenant is not required to contact the landlord to obtain an inspection. Rather, if a tenant chooses not to request an initial (pre-termination) inspection, the code states that the duties of

This is one of the hopes of all landlords: that the premises will

the landlord to conduct the inspection are discharged. The tenant

be vacated and surrendered, as either required by law or the rental

may request the inspection verbally or in writing, which may

agreement, in a proper and timely fashion. The expectation is that

include text or email notification.