Hi and thanks for your help. My landlord has served me a 3 day notice to pay rent or quit, which was expected as my husband has left and he was responsible for paying rent. All of a sudden, the landlord wants to enter my apartment - he at first just showed up at my door without notice and I denied him entry. Now he has left a Notice to Enter Dwelling but the time he wants to enter is well under the allotted 24 hours. He left the notice between 8pm and 11:59pm on Wednesday, asking for entry between 8am-5pm on Thursday. Can I deny him entry and request a new Notice to Enter Dwelling asking for a full 24 hours? Thank you.
To answer Mr. Eschen, the landlord only marked the box 'to make necessary or agreed repairs, decorations or improvements'. This guy barely showed up when we did need something repaired and now he's visited at least 2 times since he served me the 3-day notice. There's nothing here that needs to be repaired and he doesn't have the money to improve anything, so I'm very suspicious. :)
Real Estate Attorney
The notice is supposed to say why he wants to enter the apartment. Fixing the drapes would require 24-hours notice; fixing the gas leak would not.
I am also concerned about the 9-hour window he gave himself to enter. You have a right to be there when he comes in, but he has no right to make you stay home all day waiting for him.
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Yes, even though you haven't paid rent and might be in the process of being evicted, you are still entitled to reasonable notice before the landlord or landlord's agent can enter the property. The law considers 24 hours' advance written notice to be reasonable in most situations.
The law is set forth in CA Civil Code Section 1954.
Pursuant to California Civil Code Section 1954(c), a landlord cannot abuse the right of access allowed by these rules, or use this right of access to harass or repeatedly disturb the tenant. Also, the law prohibits a landlord from significantly and intentionally violating these access rules to attempt to influence the tenant to move from the rental unit. If a landlord's violation of these rules was significant and intentional, and the landlord's purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation. (Civil Code Section 1940.2(b).)
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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