Legal Question in Landlord & Tenant Law in California

We rent in a HOA run condo complex. We have been there over 2 years and in July the HOA started what was supposed to be a 3 week termite repair project. We are now into the 3rd month, and have been taking time off of work in order to accomodate the termite vendor needing access into our unit and yard.

Our landlord received an email this morning saying that we are being unreasonable and that she now needs to be at the unit to provide access every day they need in. We are very uncomfortable having our landlord sitting at our house all day when we are not there. At no point did we ever not provide access, even though we have lost wages doing so.

Can they make our landlord sit in our house all day? Please say this cannot be right! I want to move if this is something they can do!


Asked on 9/19/11, 12:27 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The HOA, except in the case of an emergency, has no greater rights than your landlord to enter the condo you are renting. They must give adequate notice, and they cannot interfere with your right of quiet and peaceful enjoyment of the property you are renting. Yes, they can require entry for repairs, but they must be reasonable, and they know that they must give notice before entry whether you own it or rent it. In any event, it sounds like you are the victim of bargain-basement contracting, and no, you should not allow your landlord to come sit in the house all day long. In writing, advise the managment company and your landlord that nobody is to enter that unit except after reasonable notice is given, and then only when one of you is present. If anyone attempts to enter without complying, you can sue them.

Now, the flip side of the problem. If you have a month-to-month tenancy (no term lease), then you can be evicted by your landlord giving you a 30 or 60 day notice to terminate your tenancy - no reason is needed. If you make this impossible for the landlord, be prepared to have to defend an eviction on the grounds that you are being retaliated against for your exercise of your right to quiet enjoyment of the rental property.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 9/19/11, 12:57 pm


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