Legal Question in Landlord & Tenant Law in California

Tenant can refuse Landlord's entry?

Landlord can enter my apartment with 24 hours notice for any reason?

Tenant has no right to refuse it?

I've received 120days notice on Sep 15, 2007 with no cause ( Under San Jose, CA Rent Control Ordinance)

The carpet of all my apartment has been changed except two closets ( very small portion) on June 24, 2007

I requested to finish carpeting twice to landlord in writing in July but no response from him or property manager.

They have a schedule to change the carpet for his property in different location, so he wants me to change carpet of my tiny two closet on coming Sunday.

I don't want them to come in my apartment anymore until I move out. Because their illegal activity during renovation in June and harassment after notice of termination. Do I have right to refuse it?


Asked on 9/28/07, 1:25 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Tenant can refuse Landlord's entry?

Landlord cannot enter without your permission, except in certain circumstances. Read the following discussion of the State law:

http://housing.org/pdf_docs/Tenant%20Privacy%20-%20Landlord%20Right%20to%20Enter.pdf

Unless your lease is not up on January 15, 2008, landlord can terminate the lease (and you could do the same).

There are numerous ways to handle the invasion of your apartment illegally. You should retain an attorney to write the landlord demanding settlement with you.

If you need more, please feel free to e-mail, or call, my office.

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Answered on 9/28/07, 3:33 pm


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