City of Davis, CA
Home MenuMove In Day
Inspect the premises BEFORE you move in; it will be easier to spot problems when the rental is empty.
- Do the locks on the doors and windows work and do the doors close properly?
- Are the windows and screens in good condition?
- Are there smoke detectors inside every bedroom, in the hallways outside the bedrooms, and on every floor? Do they work?
- Is there a carbon monoxide detector?
- Is there good water pressure? Is there hot water?
- Do the sinks and tub drain?
- Do the lights work?
- What are the conditions of the walls, floors and ceilings?
- Is there mold or mildew under the sinks, around the toilets, around the faucets, on the walls?
- Does the toilet flush?
- Do the appliances seem to be working?
- Are there any signs of pests?
Use a Move In/Out Checklist
If you have not received the Move In/Out Checklist, print this one to use until one is provided for you. Landlords in Davis are required to use this form or a form at least this thorough. If possible, go over the checklist with the property manager or landlord in person.
- Document conditions in writing and be specific. For example, "There is a hole in the kitchen curtain about the size of a nickel on the bottom right panel. There are five brown stains on the living room carpet and each is about the size of a quarter next to the wall closest to the kitchen." The more you record about the unit when you move in, the better position you will be in when moving out to show that certain problems existed before you moved into the unit.
- Ideally, you and your landlord should fill out the checklist together to prevent any disputes or disagreements. The checklist is signed by both the tenant and the landlord agreeing to the condition of the rental unit. Make sure you get a copy of the signed checklist and keep it in a safe place. You will need it when you move out. The landlord is required to provide each tenant a signed copy within 10 days of tenancy.
- At the end of your tenancy, you will inspect the same items, noting their condition at move-out time. If items that were okay at move-in are now damaged, your landlord may hold you responsible for fixing them, but you will be protected from being billed for damage that existed before you moved in.
Take Pictures
Besides completing a checklist, it is also a good idea to document the condition of your unit with photographs or video. Whether you take a photo with your phone or use a separate camera, print out two sets of the photos as soon as possible. Give one set to your landlord. Each of you should date and sign both sets of photos. When making a video, clearly state the time, date and send the landlord a copy.
Making a Request for Repairs
Put all requests to the landlord in writing, provide dates of requests (phone calls, emails, in-person conversations) & actions taken or not taken. Ask for what you need. Do not use threatening or emotional language – stick to the facts. If you do not hear back in 7 days, follow up. 30 days is a reasonable time for most repairs to be completed. Things like pest control may take months to resolve. A broken toilet should be repaired immediately.
Helpful Resources
Are You Being Evicted Flow Chart by Legal Services of Northern California
California Tenants' Handbook - FIND ANSWERS TO MOST OF YOUR QUESTIONS HERE
FAQ's - FIND ANSWERS TO MOST OF YOUR QUESTIONS HERE
Renters' Rights & Responsibilities
State of California Department of Justice Landlord-Tenant Issues
Terminations and Evictions Guidelines
Legal Services
Here are some of the free/low-cost legal resources available to Davis renters:
- Legal Services of Northern California provides legal help to low-income, students and the elderly. The Woodland office serves all of Yolo County.
- ASUCD legal services provides UC Davis undergraduate students a free 15 minute consultation, with an attorney, based on availability. Please email: hq@asucd.ucdavis.edu
- Graduate Student Association (GSA) provides legal assistance to graduate students free-of-charge until the budget is exhausted.
- Superior Court of California, County of Yolo Self Help Center.
- Legal Aid Association of California
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- NOLO is one of the web's largest libraries of consumer-friendly legal information – all available for free.
- LawHelpCA is California's official and free legal resource.
Security Deposit Disputes
Know Your Rights as a California Tenant: Security Deposit by the California Department of Justice
If a landlord does not return the entire amount of the tenant’s security deposit within the 21 days required by law, and the tenant disputes the deductions from the deposit:
- The tenant can write a letter to the landlord explaining why he or she believes he or she is entitled to a larger refund. The tenant should keep a copy of the letter for his or her records. Get help writing a letter asking a landlord to return a security deposit.
The tenant and landlord can also try a local consumer mediation program such as Yolo Conflict Resolution Center to see if they can resolve their dispute out of court. Find for more information on mediating your security deposit dispute.
If the tenant and landlord cannot reach an agreement on the amount of the security deposit returned, the tenant can file a lawsuit against the landlord for return of the security deposit. The tenant can sue for:
- The amount of the deposit, plus
- Twice the amount of the security deposit in damages. The judge may give the tenant these additional damages if the landlord retained the deposit in bad faith.
The tenant can sue the landlord in small claims, which is informal and inexpensive, as long as the total amount sued for is $10,000 or less. Click for more information on Small Claims. Click for Yolo County Small Claims Court.
Legal Services of Northern California provides legal assistance to students, low-income and the elderly. ASUCD Legal Services is available to currently register/enrolled undergraduates as well.
To look up the California laws on security deposits, or if you're writing a letter to your landlord or tenant and want to cite the applicable law, the relevant statute(s) can be found at California Civil Code § § 1950.5 and 1940.5(g).
Sources: California Courts, The Judicial Branch of California and NOLO California Security Deposit Limits and Deadlines
Giving the Landlord Notice of Intent to Move Out
If you are the tenant and intend to move out (and you pay rent once a month), you have to give your landlord 30 days’ notice in writing. If you do not, the landlord can charge you for the unpaid rent even after you move out. Unless a new tenant pays the rent, you will have to pay for those 30 days. If you pay rent every week, you have to give 7 days’ notice.
If your lease is not up yet and you want to move out, you will need to talk to your landlord. If your lease or your landlord allows you to sublet the unit, you can find a subtenant, following the landlord’s or the lease requirements. However, if your landlord does not agree to allow you to break the lease early or to sublet the unit, and you still break the lease, you may be liable to the landlord for the rent through the end of the lease. The landlord will have a “duty to mitigate,” which means that he or she will have to make reasonable efforts to re-rent the unit and if he or she is able to rent it, you are only liable for rent for the month(s) it went unrented. If you end up owing the landlord rent for breaking the lease early, he or she may take it out of your security deposit.
Sample Letter Giving Notice to Vacate
Provide a written notice of your intent to move out and personally deliver or mail the notice by certified or registered mail to the landlord or the property manager. Tenants should check their rental agreement for instructions. Most rental agreements specify where and to whom the tenants should deliver official notices.
Ask For an “Initial” Move-Out Inspection
A tenant can and should ask the landlord to inspect the rental unit before the tenancy ends. The landlord must perform an initial move-out inspection if requested by the tenant. However, a landlord cannot conduct an initial inspection unless the tenant requests one (Civil Code Section 1950.5(f)).
- This helps the tenant to know ahead of time what repairs, if any, are necessary.
- This will also keep the landlord from adding charges for unidentified repairs later.
- This gives the tenant the opportunity to do the identified cleaning or repairs in order to avoid deductions from the security deposit.
- Tenants should schedule the inspection so they have time to make repairs and clean the unit. It is unwise to do this on the last day of possession of tenancy.
Landlord’s Obligations Regarding an Initial Move-Out Inspection
The landlord must give the tenant written notice of the tenant’s right to request an initial inspection of the rental to take place during the last 14 days of the tenancy, and to be present during the inspection.
- The landlord must give this notice to the tenant within a “reasonable time” after either the landlord or the tenant has given the other written notice of intent to terminate (end) the tenancy (see the California Tenants’ Handbook for more details).
- If the tenant has a fixed term rental agreement, the landlord must give the tenant this notice within a “reasonable time” before the rental term ends.
- If the tenant does not request an initial inspection, the landlord has no obligation to conduct this initial inspection.
- The landlord is not required to perform an initial move-out inspection if the landlord has served the tenant with a three-day notice because the tenant has failed to pay the rent, violated a provision of the lease or rental agreement, materially damaged the property, committed a nuisance, or used the property for an unlawful purpose. Civil Code § 1950.5(f)(1).
What Happens When a Roommate(s) Moves Out?
Roommate situations are complicated. It is important that your rental agreement specify each roommate’s rights and responsibilities.
- If only one roommate is moving out and the person moving out paid the deposit to another roommate, that roommate has to return the deposit.
- If the person moving out gave the deposit to the landlord, and the landlord has a separate rental agreement with the roommate moving out, the landlord returns the deposit.
- If, however, the roommates all signed one rental agreement for the unit and only one of the roommates moves out, the landlord does not have to return the security deposit until all the roommates have left.
Security Deposits
- Provide your landlord/property manager with a forwarding address to return your security deposit.
- If the security deposit is to be returned in one check for several roommates, discuss with your roommates how the money will be dispersed once the check is cashed.
- For more information about security deposits, see the two links below, the section above on "Resolving Issues", and the FAQ's section regarding security deposits.