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Latest Changes in California Civil Code
Important changes to California's landlord-tenant law became effective January 1, 2003 (see new rules below)
  • Landlords must offer initial move-out inspections

    Landlords must give tenants the opportunity for an initial move-out inspection, to be held not earlier than two weeks before the tenant's departure date. At the inspection, the landlord should make a list of intended security deposit deductions (for damage or excessive wear and tear). Tenants may remedy the problems, keeping in mind any repair restrictions in the lease or rental agreement. Landlords can deduct for unremedied problems. Landlords can also deduct for deficiencies not apparent during inspection due to the presence of the tenant's possessions and for deficiencies that appear after the inspection. For rentals that began on or after January 1, 2003, tenants must return the premises in the same state of cleanliness that they were in when the tenancy began.

    (California Civil Code § 1950.5.)

  • Move-in fees now part of the refundable deposit

    Any fee charged by a landlord in connection with moving the tenant in (such as a "tenant initiation expense reimbursement" fee, or TIER fee) must be counted as part of the security deposit. Landlords may no longer charge nonrefundable fees to cover administrative expenses.

    (California Civil Code § 1950.5.)

  • Landlords must request permission to enter in writing

    Landlords must give tenants 24 hours' notice, in writing, of their intent to enter the premises in non-emergency situations. If the landlord mails the notice, it must be mailed six days in advance of entering the premises. Landlords need not give notice when entering in an emergency, when the tenant has given permission or when the tenant has abandoned the property. If the property is for sale, and the landlord has notified the tenant of this in writing within the past 120 days, 24 hours' oral notice is sufficient. Landlords must leave a note in the rental indicating that they were there. When a tenant has requested an initial move-out inspection, landlords must give 48 hours' written notice.

    (California Civil Code §§ 1954(d) and 1950.5.)

January 30th, 2007
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