Tips for the move in/ move out process - Applications -Inspections -Deposits -Agreements -Accounting -Normal "wear and tear" -Pictures -Storing -Stored items

1. The Move-In / Move-Out
Process
Franco Simone, Esq.
3702 4th Ave.
San Diego, CA 92103
(619) 235-6180 Telephone
(619) 235-6392 Facsimile

2. Advertising Vacant Units:
• The California Fair Employment and Housing Act
(FEHA) prohibits advertising that discriminates on the
basis of race, color, religion, sex, sexual orientation,
national origin, source of income, ancestry, marital
status, familial status, or disability. Govt C §§12926(p),
12955(c).
• Advertising for housing limited to persons of one sex
to share living areas in a single dwelling unit is exempt
from the prohibitions of Govt C §12955(c).

3. Written Rental Applications
• What NOT to Ask: It is illegal for the Landlord to ask
Tenant questions about race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry,
familial status, source of income, disability, age, medical
condition or whether you have persons under the age of
18 living in your household.
Exceptions: 1. LL can limit the number of persons per unit.
2. Section 8
• LL can charge up to $46.99* in an Application fee to
apply to actual out of pocket costs
*this amount changes yearly

4. Saying No to an Applicant
• Do not need to give a reason,
BUT if the applicant is rejected because of information in the
credit report, LL MUST immediately send to the applicant:
• 1) The name, address, and telephone number of the credit
reporting agency;
• 2) A statement that the decision to reject the applicant
was based wholly or partially on information in the credit
report; and
• 3) a statement that the applicant has a right to obtain,
within 60 days, a free copy of the credit report from the
agency and the right to dispute the accuracy of the
information.

5. Move-in Inspection
• Before signing a Rental Agreement or collecting
any rent or security deposit, DO A MOVE-IN
INSPECTION!!!!
1) Use a written Inspection Checklist
• It protects you in case of an eviction
• If you can, take pictures of the unit
• Make sure LL repairs any items in need of
repair

6. Security Deposit
• BASIC RULES:
• Unfurnished Rental Unit
• An amount up to 2 Months’ rent (Waterbed 2.5 times)
• Furnished Rental Unit
• An amount up to 3 Months’ rent (Waterbed 3.5 times)
• MUST BE REFUNDABLE - except for Application Screening
Fee
• IF APPLICANT WANTS TO LEAVE A DEPOSIT, SIGN A DEPOSIT
RECEIPT AND OFFER TO RENT OR LEASE

7. MOVING OUT
A. Give Proper Notice
B. Initial Inspection Before Tenant Moves-Out
1. Exceptions
2. Tenant’s Right to Request Initial Move-Out
Inspection- Sample Form
3. Scheduling the Inspection
4. The Inspection
5. Final Inspection
C. Refund of Security Deposit
1. Common Problems to Avoid
2. Failing to Follow Accounting Procedures
3. Applying Proper Charges
4. Prior Damage or Unclean Unit
5. “Normal Wear and Tear”
6. Security Deposit Accounting
7. Accounting Receipts and Invoices
D. Storing The Tenant’s Possessions
1. After an Eviction
2. Not After an Eviction

8. Give Proper Notice
• Landlord must give proper Notice before he/she can move
tenant out.
• 30/60/90 Day Notice – Month to Month Agreements
OR
• 3-Day Notice for Failure to Pay Rent, Nuisance, etc.
• NO NOTICE REQUIRED FOR AN EXPIRED FIXED TERM LEASE
*unless your Lease requires notice
• Death of Tenant Terminates Mo/Mo agreement after 30 days, but
not with a lease.

9. Initial Inspection Before Tenant Moves Out
• Landlord MUST offer in writing to do pre-move out
inspection within two weeks prior to move-out
• Inspection provides Tenant the opportunity to clean and
repair premises so that Security Deposit is returned.
• Exceptions:
1. LL cannot do an inspection UNLESS tenant
requests it
2. LL NOT required to do inspection if LL served
tenant with 3-day Notice to Pay Rent, Perform
Covenant, Waste, Nuisance, or Illegal Use.

10. Tenant’s Right To An Inspection Notice
• LL must give Tenant written notice to
Tenant within a “Reasonable Time” after
Notice to terminate tenancy.
• Leases require Inspection Notice to be
given within reasonable time before lease
expires.
• See Right to Request Initial Move-Out
Inspection Form

11. Scheduling the Inspection
• IF tenant requests Initial Inspection
AND
• LL did NOT serve tenant with a 3-Day Notice
THEN SET AN INSPECTION DATE WITH TENANT
• Date MUST be within 2 weeks of Move Out AND
LL MUST GIVE 48 hours Notice to Tenant prior to
inspection (48 hours may be waived in writing)

12. The Inspection
• Tenant need not be present.
• Use Initial Move Out Inspection Record.
• Leave copy of Move-Out Inspection Record
& Move-Out Inspection Statement with
Tenant or in unit if Tenant not present.
• Only put items on checklist that did not
exist prior to tenancy and are beyond
normal wear and tear.
• Tenant has right to clean and repair items
on the list.

13. FINAL INSPECTION
• May be conducted after tenant moves out.
• LL can deduct from security deposit to
repair or correct a condition:
1. That was on initial inspection and not
corrected
2. That occurred after initial inspection
3. That was not found during the initial
inspection due to the tenant's possessions.

14. Refund of Security Deposits
• Most common disagreement between LLs and Tenants
• Common Problems to avoid:
1. Deducting improper charges.
2. Deducting for items that existed prior to
tenancy.
3. Charging for normal wear and tear.
4. Failing to pro-rate damage
5. Failing to give Deposit Accounting to Tenant
within 21 days of move-out

15. Failing To Follow Accounting Procedure
• LL may be sued in Court.
• The Court may award Tenant the full Security
Deposit plus twice that amount as a penalty.
(Treble damages for “Bad Faith”)
• LL will have the burden of proof that he/she
timely mailed/delivered the Accounting to
Tenant and that the deductions were
“reasonable”.

16. ApplyingProperChargesto theSecurityDeposit
1. Unpaid Rent;
2. Repair of damages to the premises, exclusive of
ordinary wear and tear, caused by the tenant or the
tenant's guest or licensee;
3. Cleaning of the premises on termination of the
tenancy; and
4. Remedying tenant defaults, which were specifically
identified in the rental agreement as deductible from
the security deposit.

17. Prior Damage or Unclean Unit
• LL may NOT deduct for damage that existed
prior to tenancy.
• This includes missing items or damaged
items.
• Tenant required to leave unit as “clean as
it was when the tenant moved in”

18. “Normal Wear and Tear”
• Meaning is Very Vague-But includes some type of
pro-ration ( The “Useful Life Rule”)
• For Carpets and Drapes - simple wearing down including
moderate dirt or spotting.
• Does NOT include large rips or large stains. Useful life of
drapes/Carpets 5-8 years.
• For Repainting walls - Normal wear and tear includes small nicks,
a few small holes, some dirt; BUT not large holes, writing on walls
etc. Useful life 2-3 years.

19. Security Deposit Accounting
• Must be mailed or personally delivered within 21 days.
• Exceptions:
1. No Accounting required if returning full
deposit
2. Good faith estimate OK
a. if repair cannot be completed in 21
days, or
b. Services or materials by vendor and
LL will not have invoice within 21 days.
c. Must give final Accounting w/in 14 days of
completion of repair/receipt of invoice

20. Accounting Receipts and Invoices
• Accounting NEED NOT include copies of
receipts/invoices
IF the amount deducted:
1. Is less than $125
OR
2. The tenants waived their right
to receive them in writing

21. Storing the Tenant’s Possessions
• What do I do if the Tenant is evicted but left his belongings?
• LL must wait 15 days then,
1) if items less than $700 LL may dispose of the items.
2) If items are more than $700, LL must sell items at public sale
• Can charge a “reasonable storage fee”
• LL can move the items to another storage space
• No Notice required.

22. Storing the Tenants Possessions Part II
• What do I do if the Tenant has moved-out but left his
belongings?
1. Serve Tenant a Notice of Right to Reclaim
Abandoned Property
2. Wait 15 or 18 days (Personally/Post & Mailed
Notice)
3. If value is less than $700 dispose at will; if
greater than $700 sell at public sale

23. Final Tips on Stored Items
•Take pictures of the items.
•Take a detailed inventory of the items.

24. Questions