Legal Question in Landlord & Tenant Law in California

new owner entering unlawfully on Saturdays

I am being harrassed, my name slandered to the neighbors and to top it all; the new owner entered my apartment today while I was away without advance notice. I was only gone for about 45 minutes and when I returned the new owner was at my door and it was unlocked and open. He has only been the new owner since April 1, 2006 and he has come unannounced (after 5pm) even though I gave him my telephone number for contacting me.

The old owner did not disclose uninhabitable problems in my unit nor do either the old or new owners have city permits to remove and replace the drywalls as a remedy to mold remediation. Which one is responsible for relocating me from the unhealthy apartment?


Asked on 4/08/06, 11:07 pm

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

Re: new owner entering unlawfully on Saturdays

An owner is only permitted to enter the premises for inspection on reasonable notice. Otherwise he/she is interfering with the implied covenant (in your lease) of quiet enjoyment, and also may be commiting invasion of privacy. I would have a t�te-�-t�te with the new landlord in a non-confrontational way and point this out. Otherwise, you should change the locks to prevent his/her access.

As to the remediation, if it's as serious as you say it is, you should also bring this up, especially if you and the former owner had discussed this matter in the past. Let the landlord hash it out with the former owner. It's now the new owner's responsibility to you to make your conditions habitable, otherwise there might be a breach of the other implied covenant of habitability. Good luck to you in teaching the new owner the obligations of being a good landlord.

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Answered on 4/09/06, 1:39 am


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