Legal Question in Real Estate Law in California
Termites on premises and landlord decided to use backyard as a storage area
The owner of the house that I rent has known about termites inhabiting one of the bedrooms (and most likely other parts) and says he cannot afford to pay for the fumigation. Then recently he was forced to move from his home and needed a place to store a 24' storage shed, a 15' trailer(live in) and an old car. Without my consent he put this stuff in my backyard. He comes over every day to add more junk and when he couldn't get in because of a locked gate he promply produced bolt cutters and cut the chain. On top of it he told me he was hard up for money and raised the rent. Does he have the right to store his junk in the backyard? Can he enter whenever he pleases and by whatever means? And finally is it lawful to let tenants live in a termite infested home? The area is in Southern California (San Diego)...Thank you for your time.
1 Answer from Attorneys
Re: Termites on premises and landlord decided to use backyard as a storage area
Unless there is something in your agreement with him which allows him to store stuff on the rented premises, he cannot just dump the stuff. As a tenant you are entitled to "quiet enjoyment" of the rented premises.
He cannot raise the rent unless your agreement provides for raises, or unless you are a month to month tenant. If you are month to month then he can raise the rent with 30 days notice.
He does not have the right to cut the chain.
You should give the landlord notice that unless he removes all of the junk within 5 days that he is in violation of the rental agreement (unless if so provides) and that you will charge him rent. You should also consider giving him notice and moving.
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