Legal Question in Real Estate Law in California

How often are landlords/management companies allowed to just come and "check out" the interior/exterior of my home I'm renting in California? There are yearly inspections around the end of the year, and I just got another notice the other day (only two months after the "yearly"), saying they just want to pop by in a couple of days. At what point is it considered an invasion of privacy/tenants rights? I am on a month-to-month rental agreement. The initial lease was for a year, I have been living here almost three years. I have always paid my rent on time, no disturbances, & keep the yard nice and tidy, etc etc.

I've tried asking the management company if they could postpone, because it may be a little difficult getting off work in such short notice, and all they told me is that they have a key, they will come in anyways.


Asked on 2/18/10, 10:16 pm

2 Answers from Attorneys

Misty Wilks www.FinancialSolutionsLaw.com

Well, for one - they generally can not just 'pop by.' They are allowed to enter with notice to make repairs, to determine if repairs need to be done, and to show the place to future tenants. Is it possible he is planning on terminating your lease? If you are on a month to month, he can terminate your lease with the requisite notice. So he may be trying to see if he can rent the place.

Whatever it is, you have a right to know what it is about. Ask them specifically why they are coming in. Google CA civil code 1954 and check out this manual

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf.

Without further research, I do not know if there is a specific number of incidents that constitute a violation of privacy. You would probably have to do some research. But I will say this, at some point, you may be able to allege what is called 'constructive eviction' and leave. That means that he violated your privacy so much, what effectively forced you to leave. You could file a claim in small claims court, or use it as a defense if he files some sort of claim first.

Seriously though, if you have had a quiet existence there with no problem- it is odd that he would suddenly start to come around more often. Is it possible, he saw something a couple of weeks ago, that required him to come back and check it out - a leaky faucet or whatever? If its not a repair issue, he cant come in unless he is 'showing' the place.

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Answered on 2/24/10, 1:20 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Civil Code section 1954 governs and limits the landlord's right of entry, and subsection (c) says the landlord may not abuse the right of entry or use it to harass the tenant. I looked at several references for any cases or any scholarly opinions on what number or frequency of landlord visits constitutes abuse, and found nothing.

I will give you my personal opinion, however. I think it depends upon what's going on. For example, if the building is for sale, the owner/landlord would be entitled to show the various units to buyers, mortgage lenders, appraisers, agents and brokers, etc., and you might have several visits a week. If there were a renovation or repairs being planned, you might have equally frequent visits from contractors, building inspectors, etc., accompanied in each case by the landlord or its representative. If there are legitimate concerns about what the tenant is doing in the unit, such as cultivating cannabis or cooking meth, more frequent entry might be warranted.

If your unit is being entered only once or twice a year, with reasonable notice, I don't think you have a legitimate gripe, even if you are a model tenant.

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Answered on 2/24/10, 9:29 am


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