Legal Question in Landlord & Tenant Law in California

Landlord trespassing in back yard

I and my two friends are on a 1 year lease of a 3Bed 1bath house with a back yard. The landlord, while never entering the house itself, takes it upon himself to inspect the back yard during times we are at work. It was my understanding that this violated California law and when I called him to talk about it, he immediately took a hostile tone and said that he didn't need to give me notice to enter the back yard, just the house. My question is, what is true in this situation? Is entering my back yard without notice a violation of California law?


Asked on 8/21/06, 1:44 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord trespassing in back yard

See if this description of trespass fits:

1. That you leased the property;

2. That landlord intentionally entered your property;

3. That you did not give permission for the

entry; and

4. That you were harmed thereby.

It sounds like it's all but the last item. However, it might be a breach of the implied covenant in your lease of your quiet enjoyment of your property. Sounds like the landlord is just being nosy or wants to snooze in your backyard.

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Answered on 8/21/06, 2:48 pm


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