How is a rental unit periodic property inspection different from a move-in or move-out inspection?

Landlord / Tenant Real Estate

It appears that there are similarities and differences between a rental property periodic inspection and a move-in and move-out inspection. A property inspection focuses on structure, including condition of walls, ceilings, driveways, foundation, retaining walls, heating, electrical, etc., or any safety hazards, code violations. A move-in and move-out inspection focuses on more superficial features and fixtures like refrigerator, carpet, toilet, paint, towel racks,etc.. However, there could be some overlap, as when a tenant damages the structure. Importantly, a property inspection focuses on what are owner/landlord responsibilities whereas a move-in and move-out inspection focuses on what are tenant responsibilities. The tenant need not be present for a property inspection but must be present for a move-in and move-out inspection and may involve questions related to any security deposit. Whereas a 24 hour notice is sufficient for a periodic property inspection (I believe CC § 1954 would cover it), at least 48 hours is required for a move-out inspection (CC § 1950.5(f)(1)). In addition, whereas a 24 hour notice is "imposed" by the landlord and requires only notice of approximate time of inspection, a move-out inspection requires agreement of a specific meeting time between landlord and tenant.

Additional information
The landlord had been harassing me and is trying to evict me for reporting habitability breaches to the health dept. The dept inspector already came by and the landlord already gave me a previous 24 notice to enter to send a contractor to go over and make the needed repairs. Fine. However, two days later I got a 24 hour notice to enter for periodic property inspection by a suspect friend of the landlord. Such an inspection would be redundant and unqualified. The landlord has likely sent her "friend" because the landlord also breached an agreement with me to make other maintenance repairs like painting and fixing cabinets in exchange for rent and which is in dispute, and related to my eviction defenses, and I intent to later sue for. It is not set that I'm moving out yet and there is no move-out inspection scheduled. Shouldn't the landlord instead request a discovery inspection (if such a thing exists) and is the landlord abusing her right of entry for purposes other than those stated in her 24 hour notice?
Save

Attorney answers (1)

Contributor Level 20
 
Answered March 02, 2011 12:34. You essentially answered your own question in terms of the subtle differences between a periodic inspection and a move-in/move-out inspection (which is primarily related to the return of a tenant's security deposit under Civil Code section 1950.5).

There is such a thing as a discovery inspection under Code of Civil Procedure section 2031.010 et seq., but it does not prevent your landlord from inspecting to effectuate repairs or otherwise comply with housing inspector or code enforcement requests.

It does not sounds like the landlord abusing her right of entry for purposes other than those stated in her 24 hour notice.
Mark as helpful Comment Flag

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,847 answers this week

1,855 professionals answering