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LL right to enter & tenant wants to e-mail
by Int'l LL (Ca)
on November 27, 2015 @19:26
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My rental needs some necessary repairs such as a new porch light, tighten stair rail, and rekey. I mailed a letter regular 1st class citing CA Civil Code 1954 that I will give 24 hours notice when my contractor can come out. I received an email that they don't want me or my contractor there without them there. They asked that I send them an email with a week's notice. We are not able to communicate at all and tenant has been using text, phone, and email inappropriately with me, that I only want to keep it as simple as possible and stick with legalese. Today I posted a notice (Taped to the door) that the work will be done on Monday. How should I respond to their request to be kept in the loop via e-mail. Our lease expires July 1st.
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Re: LL right to enter & tenant wants to e-mail
by Int'l LL (CA)
on November 27, 2015 @19:44
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I sent this along with my letter referencing section 2.
http://housing.ucsc.edu/cro/pdf/CCC_privacy.pdf
My tenant asked for one week and referred to D.3. I still think from today (Friday) to Monday is appropriate since I'm within a week. Again we are unable to communicate and can't reach an oral agreement based on past experience.
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Re: LL right to enter & tenant wants to e-mail
by Susan
on November 28, 2015 @11:53
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Actually you are not following the law. A landlord can only enter;
1- In case of emergency
2- To make necessary or agreed repairs
3- When the tenant has abandoned or surrendered the premises
4- Pursuant to a court order
Porch light repair will require the tenants permission
Tighten stair rail will require the tenants permission
Re-keying the locks? Was this a request by tenant? Or did you fail to change the locks before move in.
Non of these repairs meet the definition of an emergency and require the tenants permission for the landlord to enter.
Any entry made without the tenant's consent that is not otherwise allowed by law may be considered trespassing. A landlord who makes an unauthorized entry may be subject to criminal prosecution as well as civil prosecution for invasion of privacy, harassment and infliction of emotional distress. In certain cases, abuse of the right to enter may be a violation of Municipal Code, which would subject the landlord to both criminal and civil penalties.
Just because the landlord gave notice does not mean the tenant has to permit the entry by the landlord. The landlord needs to work with the tenant to set up a mutual day and time for any entry.
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