Legal Question in Real Estate Law in California

Renovation of rental property

My landlord has decided to renovate the plumbing in our building, requiring the presence in the apartment of plumbers and workmen for 2 - 3 weeks for up to 8 hours daily. It appears that, following the renovation, tenants have been given 2 months notice to vacate. Am I entitled to any compensation for the disruption? Can he give me notice following the renovation? The original lease was 4 years go; I now pay monthly (and ON TIME!).

Thank you.

Asked on 6/15/00, 7:56 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Renovation of rental property

California Civil Code section 1954 controls the landlord's right of access to rented apartments, unless the written lease provides otherwise. The landlord's workers can enter to do "necessary or agreed repairs, decorating, alterations, etc." upon reasonable notice (usually 24 hours will do). Entry must be during normal business hours.

Since what you describe seems to be within the access permitted by law, you probably don't have a claim for compensation. Further, since you were paying rent monthly after the expiration of your written lease, you now have a month-to-month tenancy and the two months' notice given is more than required by law (see Civil Code sections 1945 and 1946 at your local law library).

Note that the terms and conditions of your old, expired lease are also the terms of your post-expiration month-to-month tenancy under CC 1945; thus, provisions (if any)in the old lease re landlord access remain in effect.

A landlord can usually terminate a tenancy for any good reason, or for no reason, but not for a bad reason. If you suspect retaliation, discrimination or some other "foul play" other that a more profitable use of the building, you should contact a tenants'-rights specialist.

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Answered on 8/15/00, 3:10 am

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