To make a long story short my LL has been trying to get me to break my lease so she can move back in. She's been harassing and threatening us in various ways ever since. After last month's refinance interruptions she now wants to sell.
She has already had a family come by to see the place but now it's official after trying again to get me to move out earlier than my lease. She has already scheduled a photographer to come and take pictures of the inside to put on the MLS. She also wants a lock bock on the front door. The last rental we were in did these things without our consent and there were Realtors coming in our house whenever they please and all my belongings were posted on-line for the world to see. That is not going to happen again.
What are my rights specially regarding these two things? Thank you!
If a property is leased to a residential tenant, the landlord's right to enter are strictly limited by Civil Code Section 1954. The landlord (including representatives, such as real estate agents) can generally only enter on proper notice, and for one of the limited reasons specified in that law.
Section 1954(c) specifically forbids the landlord from abusing the right of access, or using it to harass the tenant. You may have further rights (including for damages) if the landlord has been violating your quiet enjoyment rights, harassing you, etc.
All that being said, since you are going to have to leave eventually anyhow (even if your city has eviction control laws, owner occupancy is usually good grounds for eviction a tenant) , and the landlord seems desperate to get you out, your best tactic may well be to hire a local landlord-tenant attorney to both assert your rights, and offer the landlord an opportunity to buy out the balance of your lease.
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