My question involves landlord-tenant law in the State of: CA
Due to habitability issues we did not pay rent for one month, the landlord is, of course, trying to evict us over this and gave us an Unlawful Detainer.
We went through the Answer process and stated all the major issues (and some minor ones).
- Small caliber bullet hole or BB hole in a large window (promised to be fixed upon signing the rental agreement, almost two years ago, never fixed).
- MAJOR pest infestation (we're not talking five roaches walking around, we're talking HUNDREDS walking around at any given time, landlord, despite many complaints, including one in writing, hasn't done a thing about it).
- Leaking plumbing (This they did attempt to fix, was told that a part was needed and that the landlord would be informed and that it would be dealt with, never happened, despite, again, many complaints).
- A neighbor who (literally, sadly) beats up his kids on a daily basis, I've even had someone from the city child-welfare bureau at the door asking questions about it. Landlord is well aware (mentioned it various times, and others must have too, considering the city, at one point, was involved) of that situation.
Now, today suddenly, she is at my door WITH a repair man more or less demanding entry to fix the above issues (apart from the roaches and the neighbor). I declined, i work from home most of the time, and at this point in time I have a major deadline, so, i have to work and that requires silence.
I told her that beginning of next week would be just fine with me for them to come and do the work they need to do, to which she orally agreed.
Less than half an hour later, she is at my door again with a 24-hour notice to enter the dwelling.
The notice itself seems to be in order apart from one added note under 'point 1':
1. To make necessary/or agreed repairs, decorations, alterations or improvements. Note: Maintenance may check for other repair issues at this time.
The underlined part is what is 'extra' on the notice as compared to notices i have gotten before here and at other apartment buildings.
Is this true, CAN they actually just go through my apartment to find 'things to repair'? (I don't think the reason is to find things to repair, I think they are trying to find ammo for their eviction lawsuit.)
Can I refuse entry in any way or manner to her?
Can this somehow be used to add 'harassment' to the (long) list of issues regarding the non-payment of rent and the eviction lawsuit that exists because of it?
I ask this because I contacted some legal help (real quick, it is after all only 24-hours), and i was told:
'There is no general right in California to carry out routine inspections of the rental unit during the tenancy except as part of the "initial inspection" regarding the security deposit within two weeks prior to moving out.'
I will note regarding the above statement that point 8 on the 24-hour notice states "Routine Building Inspections & Re-Inspections" (which is not crossed off, only point 1 is).