Legal Question in Real Estate Law in California
ere is my problem i've been renting my home for 3 years i have a month to month agreement.My landlord who also is my father in law has been showing up and entering my home without my permission/inviting him stating he's the owner.As of a couple of days ago he informed me that he gave his daughter this property,she then told me that i have two weeks until i have to be out during these two weeks she will be entering my home to do maintenance/remodeling for new renters she doesnt need my approval,i have automatic deposit to my landlord so my rent is never late,there is no reason as a tentant to tell me to leave.My questions are can he/she enter my home since they are owners.should i be worried about them telling me my agreement nonvoid since they switch names on deed.since names changed whats going on with my agreement. Finally how much time do i have legally till i have to leave,what can i do if i don't want to leave.
2 Answers from Attorneys
The landlord must give you proper written notice that the end of the tenancy is over, which he can do for any reason he chooses, unless you have a lease. The notice, generally must be for 60 days.
Check out some details on these websites: http://www.dca.ca.gov/publications/landlordbook/terminations.shtml
http://www.thelpa.com/lpa/landlord-tenant-law/ca-30-60notice.html
A landlord may not enter the rented premises whenver they wish. They must give you reasonable notice in advance, unless there is an emergency. They may enter a reasonable number of times. http://books.google.com/books?id=vNsswSFzssMC&pg=PA78&lpg=PA78&dq=landlord+enter+premises+remodel+california&source=bl&ots=3NlHBubX0i&sig=30tpVXYtj1y2GeVtq-31ki0fGPo&hl=en&sa=X&ei=yRvvT6mEA8nY2QWJoOCgCg&sqi=2&ved=0CFUQ6AEwAw#v=onepage&q=landlord enter premises remodel california&f=false This online book may be of help:
http://books.google.com/books?id=vNsswSFzssMC&pg=PA78&lpg=PA78&dq=landlord+enter+premises+remodel+california&source=bl&ots=3NlHBubX0i&sig=30tpVXYtj1y2GeVtq-31ki0fGPo&hl=en&sa=X&ei=yRvvT6mEA8nY2QWJoOCgCg&sqi=2&ved=0CFUQ6AEwAw#v=onepage&q=landlord enter premises remodel california&f=false
In addition, note that some communities have rent-control laws that further complicate the landlord's process in terminating a month-to-month tenancy. However, once your lease or rental agreement is properly terminated as permitted by law and regulation, you have no further right to occupy the property and you are subject to eviction, including a visit from the sheriff if necessary.
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