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Help! I need cases for privacy rights against landlord ... any idea?

Sacramento, CA |

Landlord keeps coming into my apartment without my permission and only a 24-hour notice. They say they are doing "inspections" but always I report when I need repair done and have done so for years, so why inspect the same things like AC each time? I clean the filters every two months (even in winter), but they keep checking even though it has worked fine for years. I think they are basically 'checking up on me' even though they deny doing so. I'm going to write a letter citing privacy but can't find specific cases for residential properties ... only commercial ones. Help! (please, pretty please!)

Thanks for your response, Mr. Weitzman. I really can't afford to move, to be honest. But a lady at Legal Services of Nor Cal said they may take my case for free. The landlord actually sent out a locksmith the last time, but I wouldn't let him change my locks until I had spoken to the landlord. The locksmith went away without coming in and my landlord never answered me. But you said "to 'check on things' on an as needed or reasonable basis." But he doesn't need to check on things ... his inspection list had stuff on it like check all the cupboard doors, make sure there are no drippy faucets, etc. I check that stuff all the time since I live there. Nothing technical involved. And as I said, I ALWAYS let him know when I DO have a drippy faucet. It just unnerves me to have him in my place for no real good reason. If I was a bad tenant that is one thing, but I've proven myself to be a good one with him.

Attorney Answers 1


A landlord has the right to enter the apartment when there are things broken on an emergency basis and can come into the apartment with 24 hour written notice to "check on things" on an as needed or reasonable basis. He cannot just use this right to violate your rights. You have the right to "quiet enjoyment".

The problem here is do you want to go through a legal process to fight with the landlord? It doesn't look like he has done anything to violate your rights, clearly. This is "on the line". Has he crossed the line? Hard to prove. There is no exact law on how many times is beyond reasonable.

Your best options may be to find another place, or put him on notice that you believe that he is violating your rights to "quiet enjoyment". I would ask him to put in writing why he needs to come in so often. Is there something wrong with the property?

You can write him a letter that you will pay for an fix minor things, and will let him know what those are.

Other than that, you can put up with it or you may have to find a new place.

This is general legal advice intended for informational purposes only and does not create and attorney/client relationship. If you wish further advice, please contact an attorney of your own choosing or you may contact me for further advice and make other arrangements including retaining my services.

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