Legal Question in Real Estate Law in California

Re: Landlord entered my apartment without any notice

The 24 hour notice is also required by statute. Civil Ccde � 1954. I would have to see the lease before telling you that you can cancel it because of the landlord's breach, but that is certainly a possibility.

Re: Landlord entered my apartment without any notice

The general rule in California is that a party to a contract can rescind (treat as void) the balance of a partially-executed contract upon the other party's material breach.

Whether a single entry without notice is sufficient is questionable, especially if it was for a benign purpose such as cleaning carpets (as opposed to an intentional invasion of your privacy).

Further, there is a possibility the landlord gave some kind of general notice, such as posting a carpet-cleaning schedule, and you didn't see it; you should therefore discuss the issue with the landlord if you haven't already.

In summary, if the 24-hour notice provision is specifically set forth in your lease, you might be able to convince a small-claims judge that this was a sufficient breach to justify your treating the lease as terminable, but I wouldn't count on it.