Is this legal in CA?

Question

I'm renting an apartment for the semester of school, and the landlord is always posting notices to enter the unit. Sometimes it's for repair, or inspection, which is weird in itself because I've never said anything is broken. These notices have very long ranges on them too, like 2 weeks from 9am to 5 pm. Yesterday I came home and posted on my door was another Notice to enter, with the reason " to exhibit the dwelling unit to prospective tenants", the date says from Jan 22nd to Feb 12th from 9am to 6pm. So this means they could enter any of these days, whenever they feel like it. In my lease it says "landlord shall give resident reasonable notice of intent to enter". In my opinion this is not reasonable, and I'm uncomfortable with them just coming in here all the time when I'm not here, I know for a fact they have been in here at least 3 times. Do I have any rights to not allow them? This last notice is especially weird since my lease does not expire untill June.

Answer 1

In CA, a landlord has to give you at least 24 hours notice before entering your apartment.

While you have not complained about anything being in need of repair, they could be doing preventative maintenance (inspections) or repairs for another unit connected to yours (plumbing, wiring, etc.).

Regarding the prospective tenants, it could possibly be for another unit which is not ready to show yet.

You have a good landlord, trust me.

Answer 2

With the disclaimer that this is intended for general information, and does not constitute legal advice or representation, and only deals with California law...

No.

California Civil Code Section 1954 specifies very specifically when a landlord may enter into the premises.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=49596814502+2+0+0&WAISaction=retrieve

Absent an emergency, consent, or court order, the landlord must provide reasonable written notice (at least 24 hours, or mailed six days in advance) of an intent to enter. This "notice shall include the date, approximate time, and purpose of the entry."

The purpose of this law is to protect a tennant from unreasonable intrusion by the landlord. Providing a blanket of time for two weeks, 8 hours during the day, is not a notice of a specific date and approximate time.

Notwithstanding this, your landlord might say that your failure to object to this is consent to enter. Before taking any other action, you might wish to politely counter this misconception and educate him on the law by objecting in writing to the blanket notice. In a professional, but firm letter, you can include a printout of Civil Code Section 1954, and indicate that although you recognize that the landlord has a limited right of entry, this right is governed by Civil Code Section 1954, and that you do not consent to a two week window of time to enter. You can indicate that any notice of entry must include a single specific date, and an approximate time during that day, and that no permission to enter exists unless the landlord complies with the law, and that unless the landlord complies with the law, he is violating your right to quiet enjoyment of the home.

Hopefully educating the landlord on the law will resolve the situation. If your landlord continues to enter your property in violation of the law, you have pretty good evidence that he is knowingly tresspassing. Good luck.

Answer 3

If you have reason to belive he has violated the entry provision of the lease, talk to a lawyer, and get an injunmction from the courts preventing him from these frequent entries.

Answer 4

Get ahold of California Fair Employment and Housing.....this landlord is taking "reasonable" too far.

Answer 5

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