Legal Question in Landlord & Tenant Law in California

Monthly Landlord Entry

Our landlord enters every unit in a 100 unit building every month. Twenty four hour notice is posted on every door. The reasons vary but none seem valid. The entry is made if anyone is home or not. The landlord can not give any legal basis.

The building is HUD (Section 8) subsidised and located on National Park Service property. It is a closed military base that was turned over to the NPS. The rental units are operated by a private party who leases the building.

We (tenants union) have found:

California Civil Code 1954 -- there must be one of four specific reasons for entry.

United States Code Title 40, Chapter 8, Subchapter II, Section 421 -- ''Jurisdicton of state or political subdivision preserved'' in housing.

We have been unable to resolve this with our landlord and can not find legal assistance through any local low income program.


Asked on 7/26/05, 2:18 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Monthly Landlord Entry

I find it a little difficult to believe that the landlord has enough time to illegally visit every single unit once a month. That's 3 units a day if you assume that the landlord does this one weekends. You also didn't say WHY he was enterign the units or WHY it was illegal. You cited the applicable code sections, but didn't say how they were being violated.

If you can't work it out with the landlord and can't afford an attorney for a restraining, try changing the locks or reporting him to the police as a trespasser.

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Answered on 7/26/05, 2:39 pm
Gregory Broiles Legacy Planning Law Group

Re: Monthly Landlord Entry

Your situation raises potentially unusual issues with the federally owned land and private landlord. I'm not able to give you an easy, quick answer but I'm willing to talk to you to figure out what the next steps and available remedies might be. Give me a call at 408-834-8511 if you want to discuss this further.

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Answered on 7/26/05, 8:59 pm


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