Legal Question in Landlord & Tenant Law in California

The apartment I rent has an enclosed patio (I pay more for having a patio), and I grew a beautiful garden in it. This week workers that were painting the outside of the building jumped over (and broke) my fence and went about doing their business, moving things around, damaging my plants, tearing my ivy off the wall, dislocating my satellite dish and leaving paint marks on my pots and plants. There was no notice given that they would be doing any work. The manager was away on vacation and didn't even know about it (found out when he got home that day). When I complained to the worker the next day he said I had no right to say anything, that my enclosed, private patio was common ground and he could jump in as he saw fit. What are my rights under these circumstances? Thanks!


Asked on 7/29/10, 3:51 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

This might depend upon what "enclosed" means? Is it entirely your own space with walls or some barrier that would clearly identify it as your own rented space? I suspect so because you said you pay more. My view is that you are absolutely right in asserting your interest over the property. It would seem that they trespassed just as if they entered your apartment and did damage there. You have an action against the apartment complex for not properly managing their contractors. They should be willing to provide you with compensation. They, in turn, should be able to go after the painter for negligence. I would sue them both jointly in small claims court to cover my bases (assuming total damages are under $5000.00).

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Answered on 8/03/10, 7:38 pm


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