Legal Question in Landlord & Tenant Law in California

Hi, I have a rental in Aliso Viejo, CA. My tenants signed a 3 years lease and been living there since 4-15-2015. Few months ago I asked them to do a routine inspection but they denied access to the property and said there were no repairs needed and they would let me know if there is an issue. They said that would invade their privacy and felt uncomfortable by me going there to inspect! I told them I respect their privacy and didn't do the inspection, even tough I wasn't happy/comfortable. Now I asked them to just go in the attic to check for water leak after the rain, since prior to them moving in last year I had a roof leak and had someone fix it and now want to make sure it doesn't leak anymore before the warranty is over. Again they said they don't feel comfortable having me there. I just want to have peace of mind and make sure the leak has been fixed. I just don't feel comfortable neglecting or not inspecting the place for 3 years just because the tenants feel uncomfortable by me going there. What are my rights as a landlord? By law can the tenants deny me access to check in the attic or do periodic routine inspections? Thank you for your help!


Asked on 4/11/16, 12:21 pm

1 Answer from Attorneys

Check your lease. If it is even just a decent lease it has at least some general provisions for access for routine maintenance and/or inspections, a good one will very clearly and specifically lay out the right. If not, however, technically you have no legal right to enter the premises for inspections. All you can do is remind them that it places a legal duty on them to reasonably inspect in your place and if they fail to do so or fail to report repair and maintenance issues, and that causes further damage that could have been prevented, you will take it out of their deposit and if that is not enough you will be legally entitled to sue them for the balance, at the end of the tenancy or when the problem is discovered, whichever is sooner.

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Answered on 4/11/16, 12:37 pm


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