Legal Question in Landlord & Tenant Law in California

Re: Patio Rights

Your facts are not very clear. Are you the landlord (I assume you are)?

Are you referring to a patio (I, again, assume you are)? Who is "them" (tenants)?

I will assume you are the landlord and have a provision regarding patio furniture. Even so, going on to the tenant's premises and removing furniture would be an incredible mistake, opening you to civil and criminal possibilities.

Storing, and dumping, after this would also be quite illegal. I am not going to bother with San Jose laws, or ordinances, because, if San Jose were to permit such action, in my opinion a higher Court would strike down such a law as unconstitutional.

If you wish to clarify any of this, especially your facts, please feel free to e-mail my office.

Re: Patio Rights

If this is a common-area patio, then you might have some traction here. But if you're going onto the premises that have been leased by the tenant, that's a huge no-no.

Also, why are you giving only 24 hours notice? It seems you've let your anger over this "violation" make you unreasonable. A dispassionate judge will not look favorably on such short notice periods.

Re: Patio Rights

If a tenant violates a provision of the lease, as the landlord your ultimate remedy would be a three-day notice to correct or quit. I would suggest first an informal notice, such as a phone call, reminding the tenant of his/her obligations under the lease. Then, perhaps escalate to a written warning. Of course keep a log and copies of all correspondence.

You might also think about whether the animosity generated is worth losing the rent if the unit cannot be rented for several months.