Legal Question in Landlord & Tenant Law in California

California my Landlord just informed me that he wants to repaint the complete interior of the 2BD residence that I live in. I am 70 years old with very bad Emphysema & the fresh paint fumes are a concern of mine I have a hard time breathing as it is. My 2nd concern is him repainting the complete interior with all my funiture still inside,my clothes inside the closets etc.I want to move out next month how can I stop him from painting inside until I can get out with all my funiture,clothing .


Asked on 5/24/14, 10:33 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If your lease does not contain provisions regarding painting, then the landlord's right of entry is governed by Civil Code section 1954. That section states that a landlord may enter to make emergency repairs, or agreed upon or necessary repairs. If you do not agree to the painting, it does not seem like the painting is necessary and the landlord may not enter. Entry over your objection constitutes a trespass.

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Answered on 5/28/14, 7:03 am


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