Legal Question in Real Estate Law in California

i was just evicted from my residence on fri and im now awaiting for marshall to serve me a lockout date should be within 10 days of judges decision. i was just handed a 24 hr notice of intent to enter premises for agreed repairs or improvements. no repairs were asked for and i dont think i should have to let them in im packing and in process of moving out anyway so i feel im being harrassed now do i have to let them in? its not the owner its a property management co..


Asked on 12/13/12, 2:35 pm

2 Answers from Attorneys

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

The landlord and its agents have a right to enter for a variety of reasons, including showing to possible replacement tenants, making repairs, showing to potential buyers, and so on. They are required to give reasonable advance notice and 24 hours is, by statute, presumptively reasonable. Special circumstances may dictate longer or shorter notice periods, but you haven't told us anything suggesting that 24 hours isn't OK. So, I'd say you have to let them in, and presumably they have a key and can let themselves in. "Agreed repairs or improvements" may be a bit of a misnomer, but the notice sounds adequate and proper.

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Answered on 12/13/12, 3:02 pm

You no longer have a right to be there at all. Just because you haven't been forced out doesn't mean you have any remaining tenants rights. The judgement ended any rights you had unless you appeal and get a stay of the judgment pending appeal. So really they didn't even have to give you notice. Not only is it NOT harassment, it is more courtesy than you are legally entitled to.

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Answered on 12/13/12, 4:29 pm


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