Re: Fine line between boundaries and being a hard *ss

Re: Fine line between boundaries and being a hard *ss by A.T.SF (CA) on June 1, 2012 @11:26

You are not restricted to enter onto your property that has common use areas. You are required to give 24 hour notice to enter into the Tenant's Personal Rented Space.

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*Re: Fine line between boundaries and being a hard ss by MrDan (Georgia)** on June 1, 2012 @13:26	[ Reply ]

Under California law, a landlord who enters a leased premises without the tenants permission (except after giving proper notice or emergency) is liable for trespassing. A landlord has no possessory rights in the property during the lease term. The landlord only holds a revisionary interest. California law allows tenants to file suit against their landlords who violate their rights to privacy. As of April 2011, courts can award tenants monetary penalties of up to $2,000 for each penalty or each instance their landlords failed to provide them with written notice before entering. Courts can also allow tenants to terminate their leases prematurely. California Penal Code Section 602 makes it illegal for a landlord to enter a tenant's home without notice. When one rents a home, he rents the entire property, which creates a legal relationship with rights. One being the right of quiet enjoyment of the rental property without interferance from others, including the landlord. With all that being said, I agree it seems that this landlord has repeatedly entered the rental property without proper notice to clean the oil/grease spots. California law only give the landlord certain rights of entry, with proper notice and in emergencies. If the lease does not state what areas are not included in the tenants lease and are considered common areas and the landlord can access them without notice, the landlord has no right of entry. In this case it seems the tenant has leased a home and that includes the property the home is on. Without proper notice the landlord is trespassing. Now as to posting notices, it's acceptable for the landlord to enter to post notice on the door. The landlord should not do anything else but enter to post notice and then leave. "The landlord can also mail the notice of entry by giving the tenant at least six days notice prior to entry."(Berkley Law Review). The best way to handle this is to have good communication with your tenants, and a lease clause about motor oil/grease/repair on vehicles on the rental property,etc. It does appear the landlord has been entering the property too often without notice and may have retaliated by giving notice to end lease in response to the tenant not responding. This is not a good landlord/tenant relationship.