Legal Question in Landlord & Tenant Law in California

I just moved into a home which I leased for 1-year and paid for upfront, in full. The landlords decided to renovate the expansive decking, and just told me it would not be as it was when I leased the home. Half of the deck will not be replaced, instead it will be a landing and stairs only. Since I decided to lease this property partially based on this feature, is this legal?


Asked on 7/18/14, 5:46 pm

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

If you have a fixed term lease for the entire year, then you have the right to occupy the property that is leased, and the landlord is trespassing when he or she comes onto the property. The landlord may enter by law under the following conditions:

1. In an emergency;

2. When the tenant has moved out or has abandoned the unit;

3. To make necessary or agreed-upon repairs, decorations, alterations, or other improvements;

4. To show the unit to prospective tenants, lenders, or purchasers;

5. If a court order permits.

Read your lease carefully and see whether or not the decking is considered part of what you are renting.

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Answered on 7/22/14, 12:29 pm


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