Legal Question in Real Estate Law in California
landlord
My son rents a house at school in san diego with three other boys. The landlord comes in whenever he so chooses and removes items, is that allowed?
3 Answers from Attorneys
Re: landlord
Assuming the entire house is rented, no, it is not.
Re: landlord
The boys might consider changing the locks to prevent his entry, if he won't change his ways voluntarily.
Re: landlord
The rights (and limitations thereon) of a residential landlord to enter the leased premises are fully spelled out in Civil Code section 1954, and can be summarized as follows:
(1) In an emergency;
(2) To make necessary or agreed-upon repairs and improvements or to provide agreed-upon services, or to exhibit the unit to prospective or actual purchasers, successor tenants, mortgagees, workers or contractors, or to make an end-of-tenancy condition inspection;
(3) When the premises have been abandoned or surrendered by the tenant;
(4) Pursuant to court order.
Further, in all but abandonment and emergency situations, the landlord must give reasonable prior notice, defined as 24 hours unless conditions warrant greater or lesser notice, or if a tenant is present and voluntarily waives prior notice.
Finally, on the matter of taking things, if the things taken aren't his, this is theft, perhaps burglary.