Legal Question in Real Estate Law in California

what constitutes''dwelling'' or ''unit''

I know that with proper notice a landlord may ''enter'' the premises/unit/dwelling. What constitutes those definitions? Do the outside areas (garage/patio/yard) count as the unit? DO the same notification rules apply? If I am responsible for those outside areas as far as cleanliness and uptake do they count as part of my unit?


Asked on 12/30/00, 12:40 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: what constitutes''dwelling'' or ''unit''

The answer is dependent upon the particular facts and circumstances, but in general outbuildings such as garages and sheds that are made available for your use under the rental agreement would be part of your "unit" for notice and entry purposes, as would open areas within your unit's fence. However, areas that are for use in common such as corridors, driveways, etc. used by more than one tenant would not be part of your unit.

The notice before entry law is intended to protect your reasonable expectation of privacy. To the extent you do not have a reasonable right to expect privacy, you are probably unprotected.

The resonsibility for cleanliness may be changed by the terms of your particular rental agreement, but in general you are responsible for the areas that are your "unit," i.e. the building space and adjoining outside areas (if any) that are assigned for your primary or exclusive use under the rental agreement (expressly or by implication).

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Answered on 1/04/01, 7:18 pm


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