Legal Question in Landlord & Tenant Law in California
Hello:
My landlord has been repeately making inspections every two weeks for the past three months. I have notify the landlord that it feels like I am being harrass, since the inspections are just for a smoke detector or a light switch. It seems like the landlord will continue having these weekly inspections, but what can I do? Sue for breach of quiet enjoyment or denied them entrance and go to court, if they try to evict me?
2 Answers from Attorneys
Well you have identified your two legal options. Neither one is very desireable, but those are the only ones you have as far as legal remedies. Of the two, I prefer to be proactive. Put them on notice that they are violating your right of exclusive posession and quiet enjoyment and that it has to stop or you will seek an injunction. Then if it doesn't stop, you'll have to sue. But it's up to you whether you want to pick that fight.
Inspections are supposed to be reasonable; twice a month obviously is not. Is there some romantic attraction the landlord might have for you? Or thinks you are going to cause some major damage?
Tell the landlord that on an inspection you expect it to be thorough so that all the defects are found and repaired at the same time and not piecemeal. Inform him/her that the number of inspection being done is unreasonable. But be polite to avoid getting a move out notice. If they do not comply, tell them they have exceeding a reasonable number of inspections and they must state a compelling reason to have another.
Related Questions & Answers
-
Can my landloard go in and out my apartment whenever he chooses? Asked 11/23/09, 3:27 pm in United States California Landlord & Tenants