Pre Move-Out Initial Inspection

July 24, 2024

Pre Move-Out Initial Inspection

The Law Offices of Harris & Rosales

Landlord-Tenant

As most landlords already know: 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 his or her option to request an initial inspection and of his or her right to be present at the inspection. This pre move-out inspection is found in California Civil Code Section 1950.5(f)(1).

The purpose of this inspection is to give the tenant an opportunity to repair any defects identified during the inspection in order to avoid deductions from the tenant’s security deposit.


When should the inspection be done?

At a reasonable time, but no earlier than two weeks before the termination or the end of the 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.

What if the tenant does not want the inspection?

If the tenant chooses not to request an initial inspection, the landlord does not have any other duties with respect to the initial inspection.


What if an inspection is requested?


If the tenant requests to have the inspection, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The Landlord must give at least 48 hours’ prior written notice of the date and time of the inspection if either: 1. a mutual time is agreed upon, or 2. if a mutually agreed upon time cannot be scheduled but the tenant still wishes an inspection. This 48-hour notice may be waived if both parties sign a written waiver. The landlord shall proceed with the inspection whether or not the tenant is present.


What happens after the inspection?


After the inspection, the landlord shall give the tenant an itemized statement of all items the landlord intends to deduct from the security deposit if they are not cured. If the tenant is not present at the inspection, the landlord shall leave a copy of the itemized statement within the premises. The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies in order to avoid deductions from the security deposit.
Do I have to offer initial inspections to tenants who are,or have been, evicted? No. You do not have to provide initial inspections to tenants who are being, or have been, evicted.


What happens if I fail to provide an initial inspection?


It is interesting to note that California Civil Code Section 1950.5(f)(1) does not provide a remedy to the tenant if the landlord fails to comply with the initial inspection requirements. In other words, the statute does not state a landlord forfeits the right to the security deposit for failure to comply with the initial inspection. However, if this issue was adjudicated (usually in small claims court) there is a possibility a judge could rule a landlord forfeits the right to the security deposit for failure to comply with the initial inspection.

Legal Questions and Answers

Fighting to Protect the Rights of Landlords

Over the years HRH has answered thousands of questions and has provided advice on virtually every possible issue that can arise within the landlord-tenant relationship and unlawful detainer process. HRH has also handled thousands of unlawful detainer cases litigating these various issues, putting our advice to the test in the courtroom. This blog will address these questions along with their respective answers.

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- A.S.


I have been using Harris & Rosales for many years. They are excellent Landlord attorneys whose trial preparation and courtroom demeanor is unsurpassed. I can always get in contact with them if I need any question answered. In my opinion, there are no better Landlord attorneys than Harris, Rosales & Harris!
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I entered into a contract to purchase a home and at the last minute the seller changed her mind and refused to sign closing escrow documents. Being very emotional, I contacted Harris & Rosales for legal representation. Not only was Harris & Rosales able to get the escrow closed but they were able to get my attorney fees and costs reimbursed to me. I strongly recommend Harris & Rosales to anyone who has a real estate dispute and needs legal representation.
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July 14, 2025
On June 26, 2025 the California Court of Appeal for the Second District published a ruling that will impact how ALL landlords in California need to prepare and serve their three-day notices to pay or quit. In light of the Eshagian v. Cepeda decision, we are advising that notices include the beginning and end dates of the notice period. This is a conservative approach due to the decision finding the subject notice in the case was defective, in part, because it did not indicate the beginning or the end date of the notice period. Some are of the opinion that stating the service date within the notice is enough to inform the tenant of the notice period. We understand the reasoning for this and it is arguably sufficient. However, we feel that putting specific dates in the notice is a stronger notice. So that is what we are advising you to do. This does require managers to correctly calculate the notice period. To guide you in correctly calculating your notice period we have created an FAQ Sheet which you can download below.
July 24, 2014
Q1. Can a tenant who is a victim of domestic violence terminate a fixed term tenancy? A: Yes. Current state law allows a victim of domestic violence, sexual assault, stalking or elder abuser to terminate a fixed term tenancy. Moreover, The post Fighting to Protect The Rights Of Landlords appeared first on The Law Offices of Harris & Rosales, LLP.