Legal Question in Landlord & Tenant Law in California
tenant rights
I live in an apt complex, we do not have patios and our doors exit into the center of the complex with the pool, playground and picnic table directly in front. We just got new managment and they have hired armed guards told us that we are not allowed to be outside of our apts. because there is no loitering and we cannot be outside at all after 10:00p.m. In the past we have enjoyed sitting at the picnic tables and socializing with neighbors, even when one of us starts up the grill the others will come out with their food and we all end up cooking out there together. We have always felt as if we were one big family.
My question is do they have the right to tell us that we cannot stay and talk to each other outside of our apt. and tell us that we cannot be outside at all after 10:00 p.m.
1 Answer from Attorneys
Re: tenant rights
You are entitled to peaceful, and quiet, enjoyment of your premises. Thus, the complex's rules would not be valid, unless such rules, or the ability to make those rules, were contained in the provisions to your lease.
A lease is a contract, and a contract consists of mutually accepted promises. If you gave the management permission for such rules, they can enforce them, and new management replaces the people who signed the original contract.
Otherwise, they cannot make such rules.
Write a certified letter, return receipt, to management and tell them you will not abide by these rules. Better yet, have other tenants also sign. For even more power, retain an attorney, merely for letter writing purposes, and have the attorney write the letter.
If you need more, feel free to e-mail, or call, my office.
Good luck!
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