Legal Question in Real Estate Law in California

Re: Tenants Right to Privacy

The landlord's right of entry does not extend to making additions, and the work you describe will probably violate your rights of exclusive occupancy, privacy and quiet enjoyment ('quiet' here does not literally mean 'noise free' -- it means 'without interfering claims on the right of possession and use' -- but can be taken literally in this situation, perhaps.

The practical problem is how to assert your rights and in what forum. I would recommend making a polite but firm demand for discussion of the matter first. Either the demand or the discussion itself could include either vague hints or direct threat of legal action, according to the landlord's attitude and reasonableness.

Then, you have to decide whether to try to stop the work beforehand, or sue for damages after damages are sustained.

The problem with the former is that you'll need to go to regular court to get a restraining order. Small claims jurisdiction is limited to money claims of $5,000 or less and four related equitable forms of relief, but not injunctions. So it could cost you more.

I suggest you read the terms of your lease carefully for any provisions that might be helpful. Is there an attorneys' fees clause? These are always interpreted in California as two-way streets whether so written or not, i.e. if the landlord is entitled to attorney fees if he wins, the court will also award attorney fees to a prevailing tenant. Also look for any provision that limits your tenancy to the house itself, versus language making it clear that you also leased the outdoor areas including the area he plans to occupy with the construction materials, actual jobsite, etc. ..... that strengthens your claims that the landlord is trespassing on your leasehold.

You are probably going to require the services of a local attorney at some stage, unless you can negotiate something satisfactory. Don't wait too long especially if you plan to get a restraining order or injunction. It will take some time to prepare and file and your chances of prevailing are better if you nip the landlord's plans in the bud, before he has a lot invested.

Re: Tenants Right to Privacy

You can also take the position that this conduct amounts to a "forcible entry and detainer" by constructively dispossessing you of your rights as lessees. Simply put the landlord on notice that his conduct amounts to a material breach of the lease, and a "forcible entry and detainer."

Use this option if you want to terminate the lease early by claiming he has evicted you. Best to have pictures and recordings of sound to back you up on this claim. Good luck.

Re: Tenants Right to Privacy

No, he cannot. He is depriving you of the right to quiet enjoyment of the property.

Don't waste a lot of money on legal fees. He is guilty of trespassing against your leasehold estate, because, unless he has put it into the lease that you agree to such additions, you have a leasehold estate that he is violating.

Re: Tenants Right to Privacy

The landlord has no right to interrupt your right to quiet enjoyment of your property, unless the situation you mentioned was specifically and clearly set forth in the lease.