Home > Research Legal Advice > Landlord / Tenant > In CA rental law, what constitutes "the unit" in regards to a rental hou...
Asked over 1 year ago - Sacramento, CA
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Long story short, the landlord of our rental home maintains he can enter through a locked property fence and "be", for whatever reason (non-emergency) within the curtilage of the property without advance notice. In my opinion, CA law states otherwise, but from what I can find there is nothing that defines what is meant by the term "unit" i.e. when the landlord can enter "the unit". So, my questions is, what has been the reasonable interpretation of the term "unit" in regard to general housing laws?
Side note... As far as CA trespassing laws, under the writ of possession, it seems that the landlord can be arrested for trespassing when he does this. Am I correct in this assumption? If so, under what criminal/civil code?
Thanks
California places very strict limits on a landlord's right to enter rental property. These rules are found in California Civil Code section 1954 and apply to every part of the premises being rented, including yards, garages and storage areas.
A landlord can only enter the rental property for certain specific reasons, such as to make repairs or alterations, or to respond to an emergency. Even if the landlord has a purpose allowed by Civil Code section 1954, entry is only permitted upon 24 hours' written notice and only during normal business hours.
Your landlord's activity appears to be outside the scope of Section 1954. However, this would not constitute criminal trespassing. Instead, the remedies are set forth in California Civil Code Section 1954(c) (and California Civil Code section 1940.2(b). if the landlord is doing this to try to make you move out). See also:
You can waive some of your rights found in California Civil Code 1954 in the rental agreement. Does the rental agreement address tending to the yard or tress, etc? and is he saying that he is there for that reason? If not, then he is not allowed to enter the without meeting the requirements of 1954.
The police won't arrest him for trespassing. They will see it as a civil mater, and you will have to go to court. You can advise him his actions are illegal and perhaps he will stop. In addition to the relief found in the civil code, you can sue for invasion of privacy and breach of quiet enjoyment. I would advise confronting the landlord with this information to try and get him to modify his behavior.
Scott Rights, Esq.
www.sandiegoevictioncenter.com
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