Your Tenants Have Given Notice to Vacate — Now What?

Tenant turnover is an inevitable part of rental housing, especially in Berkeley, where students, job changers, and shifting household dynamics often drive change. But when a tenant gives notice, it’s not just a matter of handing over the keys and finding a new renter. California and Berkeley law impose specific rules on what housing providers must do next, and failure to follow them can result in delayed turnovers, deposit disputes, or even legal trouble.

This guide outlines your responsibilities and best practices from the moment a tenant gives notice until the unit is ready for the next resident. We’ll also point out which BPOA forms to use at each step so you can stay organized and compliant.

Step 1: Acknowledge Receipt of Notice

Once a tenant provides written notice of their intent to vacate, it’s important to document the key dates in writing—both for your records and theirs. This helps avoid confusion about when rent is due, when possession must be returned, and whether prorated rent applies.

🔹 Use BPOA’s Acknowledgment of Resident’s Notice to Vacate form to:

• Confirm the date of the tenant’s notice

• Reaffirm the lease end date

• Clarify rent expectations, including any proration

• Remind tenants to return keys and that the security deposit cannot be used as last month’s rent

🔹 Include with it: BPOA’s Suggested Move-Out Instructions & Security Deposit Return Info

This handout outlines:

• What areas should tenants clean

• Any items they must return (keys, remotes, etc.)

• What qualifies as “normal wear and tear”

• Reminders about AB 2801: You’ll be taking photos of the unit’s condition

Providing this upfront reduces disputes, encourages tenant cooperation, and prepares them for a smoother final inspection.

Step 2: Offer the Pre-Move-Out Inspection

California Civil Code §1950.5(f) requires landlords to offer tenants the opportunity to request a pre-move-out inspection no more than two weeks before the tenancy ends. This inspection gives tenants a chance to fix issues before move-out and potentially avoid deductions from their security deposit.

This offer must be made in writing, and tenants may choose to accept or decline.

🔹 Use BPOA’s Notice of Right to Request Initial Inspection form to:

• Make the required written offer

• Document your legal compliance

• Let tenants know they have the right to be present and receive a list of proposed deductions

If the tenant accepts, schedule a mutually convenient time. At the inspection, use BPOA’s Initial Inspection Report to document:

• Any visible issues that may result in a deduction

• Suggestions for cleaning or repairs the tenant can address before vacating

✅ Tips for the Initial Inspection:

• Give specific, actionable feedback: "Clean the inside of the oven" or "Replace missing blinds slat"

• If you notice specific issues during the inspection—like nail holes in the wall or a stained refrigerator—point them out and let the tenant know they may address them before move-out to avoid potential deductions. 
• Do not take photos yet unless you're simply referencing areas they may wish to address—photo documentation begins after the tenant vacates
• Avoid stating final deductions—this is only a preliminary walk through

⚠️  If the tenant declines the inspection:

That’s fine. Keep a copy of the signed offer (or your documented attempt to deliver it) to show that you complied with state law.

Step 3: Provide Move-Out Instructions

Once the tenant’s notice has been acknowledged and you’ve offered the pre-move-out inspection, it’s time to equip them with clear, written instructions to guide their departure. This not only promotes a smooth turnover but helps protect you from disputes over cleaning, damage, or missing items.

There’s no legal requirement to provide move-out instructions, but in practice, doing so minimizes misunderstandings and encourages better cooperation from the tenant.

🔹 Use BPOA’s Suggested Move-Out Instructions and Security Deposit Return Information to:

• Remind tenants what they are responsible for cleaning (e.g., appliances, windows, baseboards)

• Clarify expectations for emptying the unit, removing trash, and returning keys/remotes

• Reinforce that security deposits are not to be used as last month’s rent

• Outline what to expect after move-out (e.g., final inspection, timeline for deposit return)

• Note that photos will be taken per AB 2801 for documentation purposes

You can send this handout alongside the Acknowledgment of Notice to Vacate or deliver it separately. Either way, the earlier the tenants receive it, the better.

Step 4: Plan for Documentation

Once your tenants have given notice, it’s time to get your camera (or phone) ready. As of April 1, 2025, AB 2801 requires landlords across California to include photo documentation with their security deposit itemizations. Starting July 1, 2025, that requirement expands to include move-in photos for all new tenancies.

Even if you don’t plan to make deductions, the habit of thorough photo documentation is now a best practice, and often your best defense.

🔹 What You’ll Need to Document

• Photos of the unit immediately after the tenant vacates—before you begin any cleaning or repairs

• Photos taken after repairs or cleaning are completed, if deductions are being made

• Receipts or invoices for any deducted expenses (e.g., repair services, replacement parts, professional cleaning)

These images must be time- and date-stamped and shared with the tenant as part of the deposit return package.

🔹 For Tenancies Beginning July 1, 2025 or Later

You’ll also need to document:

• Pre-move-in condition with photos at the start of the tenancy

• Ideally tied to a Move-In Inspection Checklist

✅ Use BPOA’s Photo Documentation Checklist to:

• Organize your image-taking process

• Ensure you’ve covered each room and feature

• Track pre- and post-work images side by side

You don’t need to print photos, just make sure they’re included digitally when you return the deposit via email, cloud folder, USB, or printed statement.

Step 5: Conduct the Final Inspection

Once the tenant has vacated and returned the keys, you can conduct the final inspection of the unit. This is when you evaluate the property's condition to determine any security deposit deductions.

Unlike the pre-move-out inspection, this is your opportunity to document the actual condition the tenant left the unit in—and it's the basis for your itemized statement under Civil Code §1950.5.

🔹 Use BPOA’s Move-In/Move-Out Inspection Form to:

• Compare the current condition against what was documented at move-in

• Identify damage beyond normal wear and tear

• Ensure consistency in how you evaluate and track unit turnover

If you have photos from the beginning of the tenancy, this is when they become especially valuable—particularly when comparing carpet condition, wall damage, or appliance cleanliness.

📸 Don’t Forget AB 2801:

• Take time- and date-stamped photos of all areas of the unit before doing any cleaning or repairs

• If you plan to make deductions, take after photos as well

• Save and label all receipts, invoices, and labor costs

🗝️ Be Sure To:

• Confirm that all keys, remotes, and access cards have been returned

• Note any left-behind personal items, which may trigger the abandoned property process (we’ll cover this in the next step)

Step 6: Handle Abandoned Property (If Applicable)

Even when a tenant moves out voluntarily, they don’t always take everything with them. If they leave personal belongings behind—whether in the unit, garage, or storage area—you must follow state law to avoid liability.

💰 The $700 Rule (Civil Code §1984)

• If the total value of the abandoned items is less than $700, you may dispose of them after 15–18 days, as long as you serve proper written notice.

• If the value is $700 or more, you must arrange a public auction and notify the tenant of the sale.

⚠️ You are required to notify the former tenant either way.
Written notice must be served even if the items seem low in value.

🔹 Step 1: Determine Which Form to Use

Use one of the following BPOA templates:

• Notice of Right to Reclaim Abandoned Personal Property
  (If tenant gave notice and returned keys, but left belongings behind)

• Notice of Belief of Abandonment of Real Property
  (If tenant appears to have vacated without notice or clear communication)

🔹 Step 2: Serve the Notice

• Deliver it personally or by mail

• Hold the items for:

  • 18 days (if personally served)

  • 15 days (if mailed)

🔹 Step 3: Store and Handle the Items

• Store property in a safe location until the holding period expires

• After that:

  • If under $700 in value, you may donate, discard, or otherwise dispose of the items

  • If $700 or more, you must sell the items at a public auction, then apply proceeds to storage and sale costs

Note:
Yes, it may feel unfair to be legally responsible for the safe storage of items your tenant clearly didn’t want—but California law requires it. Failing to follow the correct process can expose you to liability, even if the belongings appear worthless.

Step 7: Return the Security Deposit

Under California Civil Code §1950.5, landlords must return the tenant’s security deposit within 21 days of move-out, along with an itemized statement of any deductions and supporting documentation. This is one of the most scrutinized steps in the turnover process and one of the leading causes of small claims disputes.

Even if you're returning the deposit in full, you still need to document the return properly.

🔹 Include with the Deposit:

• A written itemization of all deductions, if any

• Time- and date-stamped photos of damage or cleaning issues (required under AB 2801)

• Receipts or invoices for any third-party cleaning or repair services

• Proof of materials or labor costs if you performed the work yourself

🔹 Use BPOA’s Security Deposit Accounting Statement to:

• Create a professional itemized statement

• Clearly list all amounts deducted, what they’re for, and supporting documents

• Track payment method and date of return

You may return the deposit via check, direct deposit, or any mutually agreed method. Just make sure the return is documented.

🏙️🐻 Special Requirement for Berkeley:

If your tenant resided in a fully or partially covered unit, you must also include accrued interest on the deposit in the final refund.
Interest rates are set annually by the Berkeley Rent Board.

This interest applies to the entire amount of the security deposit held, before any deductions are made.

💡 Example:

Let’s say:

• The tenant paid a $2,000 security deposit

• You are deducting $250 for cleaning and other damages

• The required interest is $40

You would calculate the refund as:

$2,000 (deposit) + $40 (interest) – $250 (deductions) = $1,790 refund

Even if deductions are being made, you must credit the full amount of interest accrued.

Step 8: Prepare the Unit for Re-Rental

Once the unit is vacant and the security deposit has been handled, you can begin preparing it for your next tenant. This stage is all about presentation, habitability, and functionality, especially if you plan to show the unit during the leasing season.

Even if your outgoing tenant left the unit relatively clean, turnover is your opportunity to refresh the space, take new marketing photos, and address any habitability concerns or repairs that could affect your next tenancy.

🔹 What to Address During Turnover:

• Deep cleaning (including stove, fridge, baseboards, windows)

• Paint touch-ups or full repainting if needed

• Replace worn blinds, switch plates, or lightbulbs

• Test smoke and CO alarms, and replace batteries

• Check plumbing for leaks or drips

• Ensure all appliances are in working order

🛠️ Keep in Mind:

• Professional cleaning after the tenant vacates is a business expense, not automatically a deduction

• If you collected a nonrefundable cleaning fee, remember: those are illegal in California

• If you plan to show the unit before the tenant vacates:

  • Provide proper written notice (California Civil Code §1954)

  • Avoid repeated or disruptive showings, which may trigger harassment claims under Berkeley’s Tenant Protection Ordinance

📷 Before You List the Unit:

• Take new marketing photos while the unit is clean and empty

• Make sure any photo documentation tied to your previous tenancy (AB 2801) is already complete

Step 9: File with the Rent Board (Berkeley-Specific)

In Berkeley, landlords must notify the Rent Board when a new tenancy begins, not simply when a tenant moves out. Filing deadlines apply to both fully and partially covered units and help maintain compliance with the city’s Rent Stabilization Ordinance.

🔹 For Fully Covered Units:

File a Vacancy Registration within 15 days of the new tenant taking possession.
This resets the lawful rent ceiling and updates the Rent Board’s tenancy records.

🔹 For Partially Covered Units:

File a Registration Statement for Partially Covered Units within 15 days of the new tenant taking possession.
This form is also used to report changes in ownership, management, or mailing address.

🔹 Not Sure What Type of Coverage Applies?

• Fully covered: subject to both rent ceilings and eviction protections

• Partially covered: exempt from rent ceilings but subject to Just Cause protections
  (includes single-family homes, condos, ADUs, and newer construction)

✅ Why It Matters:

• Timely filing ensures you can apply the correct rent and follow legal procedures

• Registration is required to apply annual general adjustments (AGAs)

• The Rent Board may issue penalties for late or missing registrations

Step 10: Reflect and Improve

Once your tenant has vacated, the security deposit has been returned, and the new registration is filed, take a moment to step back. Each turnover is a chance to strengthen your rental practices and ensure the next tenancy goes even more smoothly.

🔹 Questions to Ask Yourself:

• Did you have clear move-in documentation and photos?

• Was your lease up to date with current laws?

• Did your communication during the move-out process help prevent confusion or disputes?

• Were your expectations about cleaning and condition clear—and fair?

• Would having a system, checklist, or template make this easier next time?

🛠️ BPOA Can Help:

• Use BPOA’s forms library to update your onboarding and turnover materials

• Attend upcoming webinars on leasing, resident screening, and legal compliance

• Connect with fellow members through discussion groups or events

• Reach out if you're unsure whether your unit is fully or partially covered—classification impacts every step of the process

Final Thought:

Tenant turnover doesn't have to be stressful or adversarial. With clear communication, strong documentation, and the right tools, you can protect your property and improve the rental experience for everyone involved.