Legal Question in Landlord & Tenant Law in California
Can I break my lease because my landlord invades my privacy?
I'm in a lease that I want out of. I want to move due to my l.l.'s constant presence. He told me when I moved in that he would be by occasionally to drop or p/u items in his gar locates behind my rental. I wk M-F 8-5 so he has plenty of time to do that when I'm not around but he doesnt. I come hm at lunch & he's in MY front yd w/a friend chatting as if he lives here. I also did not know that he lived directly behind me & that he actually has access to enter my property thru a gate that contacts the 2 lots. I have seen him myself come thru that fence & it is very intrusive. I thought a landlord had to give you 24 notice if he came to your property. He also will NOT give me access to the hot water heater that is in the basement. He has a lock on the door & I don't have a key. Isn't that against the rules, doesn't the tenant have to be able to access in an emergency? He won't allow my kids to put a their b-ball hoop although I told him about it before we moved in & he said it was fine. My kids play b-ball in school & need to practice. Can I do anything legal to get out of this lease? I can't take much more. I moved into a house for the privacy but I have none. Can he enter thru that gate? Does he have to notify me when he comes?
1 Answer from Attorneys
Re: Can I break my lease because my landlord invades my privacy?
Read your lease carefully, as to whether he can access your property (called an "easement").
He does have to give 24 hour notice, if he is trying to sell the house. Otherwise, he needs to make an appointment, or enter for an emergency.
As to the heater, forget it, as you do not have an absolute right to the heater.
If he told you the hoop was fine, but it isn't in the lease, you also lose as to that point.
See if you can negotiate your way out of the lease.
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