48-Hour Notice of Intent to Enter Dwelling, Pre-Termination Inspection — RPI Form 567-2

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This form is used by a property manager or landlord when responding to a tenant’s request for a joint pre-termination inspection of the premises, to notify the tenant of the hour and date the inspection will take place for which they may be present, or obtain the tenant’s waiver of their right to 48-hour advance notice before the inspection is to take place.

Your use of RPI Form 567-2

Joint pre-expiration inspections

A residential landlord delivers a written notice to a vacating tenant advising the tenant of their right to request a joint pre-expiration inspection of their unit before the tenant vacates on expiration of their lease or a notice to vacate on a month-to-month tenancy.

The public policy purpose served by a residential landlord or property manager conducting a joint pre-expiration inspection is to timely advise a vacating tenant of the repairs and cleaning the tenant needs to correct or cure to avoid deductions from the security deposit. [See RPI e-book Real Estate Property Management, Chapter 19]

When a residential tenant responds to the notice by requesting a pre-expiration inspection, the joint pre-expiration inspection is to be conducted no earlier than two weeks before the expiration date of:

the expiration of the term of occupancy under a lease agreement; or
a 30-day notice to vacate initiated by either the landlord or the tenant to terminate a rental agreement. [See RPI Form 567-1]

Ideally, the property manager gives the tenant the notice to advise the tenant of their right to a joint pre-expiration inspection:

at least 30 days prior to expiration of occupancy under a lease agreement; or
on landlord’s receipt or service of a notice to vacate under a rental agreement.

A period of 30 days gives the tenant time to request and prepare for the inspection. After the inspection, the tenant has time to remedy any repairs or uncleanliness the landlord observes during the inspection. Thus, the tenant is provided adequate time to avoid a security deposit deduction.

When the tenant fails to request an inspection after receiving the notice, the landlord and their agents are not required to conduct an inspection or prepare and give the tenant a statement of deficiencies before the tenancy expires and the tenant vacates.

The notice requirement does not apply to tenants who unlawfully retain possession after the expiration of a notice to pay, to perform, or to quit.

Notice of entry and statement of deficiencies

Whether the landlord receives the tenant’s oral or written request for a pre-expiration inspection, the landlord serves the tenant with a written 48-hour notice of entry, stating:

the purpose of entry as the pre-expiration inspection; and
the date and time of the entry.

When the landlord and tenant cannot agree to the date and time of the inspection, the landlord may set the time. However, when a mutually acceptable time for the inspection is within 48 hours, a written waiver of the notice of entry is to be signed by both the landlord and tenant.

When the waiver is agreed to, the landlord may proceed with the inspection as scheduled. [See RPI Form 567-2]

Following service on the tenant of the 48-hour notice, the landlord may inspect the property on the noticed hour and day whether or not the tenant is present, unless the tenant previously withdraws their request for the inspection.

When the tenant chooses to withdraw their request for an inspection after submitting it, the landlord needs to send a memo to the tenant confirming the tenant’s decision to withdraw. [See RPI Form 525]

On completion of the joint pre-expiration inspection, the landlord gives the tenant an itemized statement of deficiencies. In it, the landlord specifies any repairs or cleaning which need to be completed by the tenant to avoid deductions from the security deposit.

Also, the itemized statement of deficiencies is to contain the contents of subdivisions (b) and (d) of Calif. Civil Code §1950.5. [See RPI Form 567-3]

The landlord’s pre-expiration inspection statement is prepared at the time of the inspection takes place. It is delivered to the tenant by either:

handing the statement directly to the tenant when they are present at the inspection; or
leaving the statement inside the premises at the time of the inspection when the tenant is not present.

Editor’s note — The completion of a pre-expiration inspection statement by the landlord does not bar the landlord from deducting other costs from the security deposit for:

any damages noted in the joint pre-expiration inspection statement which are not cured by the tenant;
any damages which occurred between the pre-expiration inspection and termination of the tenancy; or
any damages not identified during the pre-expiration inspection due to the tenant’s possessions being in the way. [CC §1950.5(f)]

The 48-hour notice of intent to enter dwelling, analyzed

In response to a tenant’s request for a joint pre-termination inspection of the premises, the property manager or landlord notifies the tenant of the hour and date the inspection will take place, whether or not the tenant is present, using the 48-hour Notice of Intent to Enter Dwelling published by Realty Publications, Inc. (RPI). The form also provides for the property manager or landlord to obtain the tenant’s waiver of their right to 48-hour advance notice before the inspection is to take place. [See RPI Form 567-2]

The 48-hour Notice of Intent to Enter Dwelling contains:

the rental or lease agreement entered into [See RPI Form 567-2 §1];
the tenant and landlord’s identities [See RPI Form 567-2§1.1 and 1.2];
the real estate involved [See RPI Form 567-2 §1.3];
the tenancy termination date or date to vacate [See RPI Form 567-2 §1.4];
the hour and date the landlord will enter the premises and conduct the pre-termination inspection [See RPI Form 567-2 §3 and 5.3];
a provision waiving the tenant’s right to a 48-hour notice to enter, valid only when signed by both the tenant and the property manager or landlord [See RPI Form 567-2 §5.2]; and
the signature of the property manager or landlord. [See RPI Form 567-2]