Legal Question in Landlord & Tenant Law in California

We have been subjects to our landlord's harassment since we sent her our 30 days notice to move out on Feb 24th. It was agreed that due to COVID, she would let us take a home tour video and that would be sufficient for her to show to prospective tenants. But for the past week (10 days to be exact), she has non stop texted us, called us with excessive requests and demands. In her texts, she has also intimidated us, make false accusations, and threatened us. Although we complied and sent her the home tour video on March 2nd which she didn't object to or complained about, the next day she suddenly requested a random general inspection to which we have denied. We said she can come in for a move out inspection but not for a general inspection. She confirmed that it was not a move out inspection and still came to the house and insisted on entering for a general inspection after we have not given her consent. We did not let her in. The next day (which is today) we receive another harassing and threatening text from her in the morning. Then we found a 24 hour notice of intent to enter premises left on our doorstep which was dated today at 12:43 pm. We would like to seek legal protection from our landlord's harassment and know what our legal step should be. Urgently, we are unsure how to respond to her 24 hour notice of intent to enter premises with a prospective tenant. Can we deny her this right when she has agreed to only a home tour video and causing us so much trouble, stress and anxiety to our family by constantly harassing us and forcing entry? At this point, we do not feel comfortable or safe letting her since she is not acting in good faith. Please help us.

Asked on 3/05/22, 11:48 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

I doesn't sound like she thinks she agreed that a video would be all you had to provide. As a prospective tenant, I would never accept that rather than seeing a property before I rented it. The landlord has a legal right of entry to show the property to prospective tenants. The COVID moratoriums and emergency orders do not limit that right. Without knowing exactly what she said in the messages, I have no way of commenting on the alleged harassment and intimidation, but by barring her from entry to show the property, you put yourself at risk for her taking money out of your deposit or suing you for lost rents if it delays her getting a new tenant into the property. Lastly, you need to realize that her good or bad faith has no impact on your legal obligations. So unless you have a very clear undeniable waiver of her right to enter and show the property, your best course of action is to comply with the law.

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Answered on 3/06/22, 6:14 pm

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