Legal Question in Real Estate Law in California

if i told my landlord not to enter my home when im not present and they do more than twice a year how can i take legal action


Asked on 9/10/09, 2:05 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You would have to file suit alleging whatever damages occurred. While the landlord is required to give 24 hour notice and you have to agree only if it is reasonable, so that the landlord has committed a breach of contract, what sum are you going to get from a jury. They will probably be sympathetic to your claim but will also think that it is overkill to sue. No attorney will accept the case because there is not enough money ilnvolved for him/her toearn a decent fee. I doubt it is worth the stress and work involed to sue.

If your unit is under rent control contact the Rent Board to see what they can do. Talk to the landlord and explain your position and point out it protects him because if you notice an item misssing than you would blame him.

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Answered on 9/10/09, 2:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think you can get a clearer picture of the rights and duties of the landlord (and the tenant) in the area of the landlord's limited right to enter the leased premises by obtaining and reading the applicable statute: Civil Code section 1954

The statute allows the landlord to enter on any of six or seven different reasons, some of which are pretty broad: emergencies, necessary repairs, agreed repairs, inspections, showing to lenders or buyers, etc.

Except in an emergency, "reasonable" prior notice is required, and 24 hours is presumed reasonable, but greater or lesser notice could be sufficient, or required, under various circumstances.

The landlord's entry must generally be during normal business hours. There are exceptions.

There is no requirement in the law that the tenant be present.

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Answered on 9/10/09, 2:44 pm


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