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Re: mid-term house inspection - Landlord Forum thread 338272

Re: mid-term house inspection by MrDan (Georgia) on August 22, 2015 @12:04

                              
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You are correct in that you need the tenant’s approval as California law does not give a private landlord the right to enter for any periodic maintenance inspections.
Any rental agreement provision that allows a landlord to enter for such inspections without the tenant’s consent is unenforceable. Evicting a tenant who refused to allow such an inspection would constitute an illegal retaliatory eviction. (California Civil Code Section 1954)

Any violation by the landlord can range from a misdemeanor to imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment....

Retaliation (CAL. CIV. CODE § 1942.5) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: (1) The actual damages sustained by the lessee. (2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to such act. (g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney's fees to the prevailing party if either party requests attorney's fees upon the initiation of the action.

As to a possible solution;

January 1st 2014, owners of both multi-family and single family rental units are now responsible for testing and maintaining the smoke alarms within all of their units. On the other hand, landlords of apartment buildings containing two or more units are required to test and maintain the devices in all of their units, vacant or not. (Health & S C §13113.7(d)(2))
California’s Building Code §310.9 requires a smoke detector to be installed in each bedroom as well as the hallway outside the bedroom.
(Take note, that effective January 1, 2016, owners of rental units intended for human occupancy will be required to install additional smoke alarms, as needed, to ensure that the devices are located in compliance with building standards in effect at that time)

A reasonable inspection schedule to test and maintain the smoke detector devices (whether annually, semi-annually, or quarterly) will allow you to legally gain access to your tenants’ units.

As a landlord, you should consider joining your local Apartment Association, where you can learn the landlord tenant laws and other regulations that govern your business.
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