Legal Question in Landlord & Tenant Law in California

Tenants laws vs. Landlords

In a case where a tenant and his family have moved into a house for rent what are their rights as tenants? This family has lived in the house for six weeks. Paid the rent a few days ahead of time and has allowed the landlord to visit the premises at least eight times. The house is well maintained on the inside as well as outside. The landlord visits the premises with excuses from getting his mail to checking on his plants, to doing ''yard work''. The tenants do the yard work, and he wants to do his personal gardening or leave his tools stored in the yard. He has showed up at 10 pm knocking on the front door asking his lawn mover be covered. Just recently he was peeking though the front window with the excuse of leaving a note notifying us he will be here on Monday to build a house of some type in the back yard. The tenants made an agreement to have him move out of the house garage where he lived before renting the house and affered to pay him $300.00 more for him to give them the garage as well. Now he states that this is his house and he will come to inspect his house when ever he pleases. The tenants feel harrased and feel the need to keep the curtains drawn and the doors closed.


Asked on 6/04/05, 8:55 pm

1 Answer from Attorneys
J. Spikes Property Law Center

Re: Tenants laws vs. Landlords

The tenants have a right to privacy, possession, and quiet enjoyment of the premises. The landlord gave up his right to enter at will when he began accepting rent for the premises.

The tenants should refer to Civil Code Section 1954, which describes the limited rights of a landlord to enter. At a minimum, the tenants should be given reasonable notice of when the landlord is planning to enter. The landlord does not have an unlimited right to "inspect" the premises, as that is not one of the enumerated reasons in the Civil Code.

The tenants should review the Civil Code and immediately write the landlord a letter, stating they feel their privacy is being violated and that in the future, they insist on at least 24 hours notice of any entry.

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Answered on 6/05/05, 8:59 pm


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