Legal Question in Real Estate Law in California

Can my landlord just decide To ban barbecues and smoking without adjusting the rental agreement? The mode of communication is a note taped to my front door.

Asked on 9/04/13, 11:32 am

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

No. Technically they must give you the same notice as for a rent increase or any other change in the terms and conditions of tenancy. A note taped to your door is, however, notice. So you either have 30 or 60 days to comply - technically.

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Answered on 9/04/13, 11:35 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd agree with Mr. McCormick, except I can see a possible need to add that there may be more to this situation than your two-sentence question reveals. Have there been neighbor complaints? Is there a local ordinance against outdoor barbecues on certain days? What is the underlying reason for the landlord taking this action? Also, are you renting on a month to-month basis, or do you have a longer-term lease? The 30/60 compliance would not apply to a long-term lease.

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Answered on 9/04/13, 1:04 pm


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