Legal Question in Landlord & Tenant Law in California
Lanlord-tenant law
My renter was arrested innthe proerty and released at the same day. The police and city workers had taken the electric meter and the house is with out electricity. renter is nowhere to be found and refuses to return my phone calls and rent is overdue for 9 days. According to the police blotter, renter was arrested for tampering city utilities. I already contacted the city police but they only told me a little about it. City police also told me that lanlord-tenant law still applies. What is my legal course of action? I need to inspect the house which is looking like its already abandoned. who is responsible to pay the restoration of Electricity? Please help. How am i going to enter the property to inspect for further damages.
1 Answer from Attorneys
Re: Lanlord-tenant law
You have two problems: (1) abandonment and (2) the restoration of electricity.
(1) The police are correct, and landlord-tenant law applies. You must post a "notice of abandonment" on the front door, or at the gate, if house is fenced. I am giving you the law regarding your emergency right to enter.
Civil Code Section 1954
Q. Can a landlord or manager enter a tenant's rental unit?
A. In cases of emergency or tenant abandonment or surrender, a landlord or manager may enter a rental unit without notice. Otherwise, a landlord may enter a unit only after giving reasonable written notice for a valid reason. A valid reason would be to make a needed or agreed upon repair or alteration; to show the unit to prospective buyers, tenants, contractors, lenders or repair workers; to provide agreed upon services; to conduct an inspection related to a tenant's security deposit, prior to their move-out; or pursuant to a court order. A landlord may NOT enter a rental unit simply to inspect, even if the rental agreement allows for it.
Noticed entry should be during normal business hours, unless the tenant consents. The right of entry shall not be abused by the landlord or used to harass a tenant. Reasonable notice has been deemed by the courts to be 24-hour notice. The notice should be personally delivered, left with someone at the premises of suitable age and discretion, or left at, near or under the usual entry door where it is likely to be discovered. It can be mailed, but the landlord should allow 6 days between mailing and entry.
(2) The electrical problem is your responsibility, if the tenant has disappeared, or is without funds. Look at your insurance coverage (or call your agent) and, maybe, there is coverage for situations like this (but I doubt it). It won't hurt to report it as a loss, or theft, to the insurance carrier.