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When does Landlord need to give itemized list to tenant if tenant asked for an inspection and tenant is present on the day?

South San Francisco, CA |

Tenant asked for inspection before moved-out. Landlord and tenant were present at the inspection. Landlord didn't bring any paperwork and refused to itemize what was in great condition and what needed to be checked/or fixed. Tenant has no proof of what Landlord could hold against her security deposit. Does the list need to be given to tenant on the day of the inspection if tenant was present? Can landlord charge for things she never mentioned in an itemized list she never gave? Thanks.

Attorney Answers 2


Yes. Pursuant to CA Civil Code Section 1950.5(f)(2), after the initial inspection, the landlord must prepare an itemized statement of repairs or cleaning that the landlord believes the tenant should perform in order to avoid deductions from the tenant's security deposit. The landlord or agent must give the statement to the tenant if the tenant is present for the inspection, or leave it inside the unit if the tenant is not present. The landlord also must give the tenant a copy of the sections of California's security deposit statute that list lawful uses of tenants' security deposits.

In the event the landlord ultimately charges the tenant for things not on the itemized list from the initial inspection, the tenant has a much stronger claim if the tenant has to sue in small claims court.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Thank u so much for your help. Can u pls tell me if I can send her a cordial letter with the California Code 1950.5 and my concerns, since she didnt give me a list? I prefer to aware her then have to sue someone. If she doesnt give us the deposit back, I'll sue her, but I'm trying to avoid to get to that point. Thanks again!



Im thinking of sending her a letter tomorrow, it's going to be 14th day since the inspection.


I agree with Mr. Chen's answer. You may find the following guide helpful, particularly beginning at page 50 and specifically at page 58: California Tenants

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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