Legal Question in Landlord & Tenant Law in California
Landlord is in violation of laws on entering rental unit
I moved into a house two months ago. Since that time my landlord has shown up on numerous occasions without any notice. His reasons to be there sometimes are valid, such as he is there to oversee a repair, and sometimes invalid, like he wants to go into the backyard every two weeks in order to ''clean the yard.'' Since we have a gardener who ''clean's the yard'' and since we're more than capable of cleaning anything the gardner misses I've let the landlord know this is unacceptable to me. But he continues to show up unannounced, and valid reason to be there or not he is still required by law to give 24-hour notice before coming over. I've tried speaking with him and writing him letters but nothing works. I've decided that my only course of action at this point is to move. In order to do this I need to come up with moving expenses, which I haven't saved up for since I just moved two months ago. Also, since I don't trust the landlord to return my deposit ($2000) I'd rather just use the deposit for the last months rent ($1975). My concern is that, if I don't pay the rent, that he can force me out before the end of the month, and I won't be able to pack up and move out that quickly. What are my options?
2 Answers from Attorneys
Re: Landlord is in violation of laws on entering rental unit
You want to avoid a court proceeding because it appears on your record like bad credit -- i.e. the UD Registry. Try to negotiate a move-out date with the landlord and the amount to (or not) pay. He's interfering with the covenant of quiet enjoyment of your property implied in every residential rental agreement. What's his problem? Expensive bulbs to which he needs to tend?
Re: Landlord is in violation of laws on entering rental unit
Your LL is a jerk! You should send him a letter telling him that he is trespassing and further instances will be dealt with in court (i.e. restraining orders and lawsuit for breach of contract.) Don't use your deposit as rent. If you are under a lease, try to negotiate a move out. If you break the lease, he'll have grounds to keep your deposit. If you are month-to-month with no fixed term, move and wait three-weeks for the return of your deposit. If he withholds any of it, sue him in the small claims court. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
