I am renting from a big corporate company in Los Angeles (Pasadena) area, and the company gave me a 30 day notice stating that they will remodel my bathroom and kitchen while me and my dog and my cat are living there. They will be expanding my kitchen, installing new cabinets and appliances in both kitchen and bathroom, installing a washer and a dryer in the closet, and are insisting that this still makes my apartment tenable for me and my pets. This will take 10-15 business days. I am in so much stress and am very upset right now.
I understand that the landlord can only enter my apartment in certain cases according to California Law. However, in my rental agreement there is a note that states that the company can perform "alterations" and "improvements" that are requested by the Owner and I wave the right to ask for rent reduction or any cause of action against them while they are performing Owner Alterations.
Even if I signed the rent agreement with this note in it - do they still have the right to enter without my permission? Can this note overwrite the California Law that states they can only enter in certain cases and I can ask for rent reduction or sue them?
Civil Code Sections 1942.1 and 1953 provide that certain residential tenancy rights may not be validly waived in a rental agreement. This includes rights or remedies under Civil Code Section 1954.
Civil Code Section 1954 only allows a landlord to enter upon proper notice,a nd for one of the limited purposes specified in that law, including to make necessary or agreed upon repairs, alterations, or improvements. Unless the work the landlord now wants to do was specified in the rental agreement when you signed it (which I gather is not the case), you may well have grounds to refuse access for these improvements.
Bear in mind, however, that if you are a month-to-month tenant, and your tenancy is not subject to an eviction control ordinance, the landlord may have the right to simply terminate your tenancy by giving written notice under Civil Code Sections 1946-1946.1.
I suggest you promptly consult a local landlord-tenant attorney to help you with this. However, I also suggest that you keep an open mind, and look for a negotiated solution - especially if the landlord's contemplated improvements would leave you with a nicer apartment.
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