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  1. #1
    Join Date
    Feb 2017
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    2

    Question Can a Single 24 Hour Notice of Entry by Landlord Cover Multiple Months

    My question involves landlord-tenant law in the State of: California

    Hi there!

    I (along with everyone in my apartment complex) received a written notice from my apartment management stating they will need full access to my apartment for a 3 month period for upgrades such as new windows, doors, curtains, patio siding, refrigerator, counters and bathroom upgrades. They said if I cannot be there every day during this 3 month period I will need to remove my dog or keep him crated. They say they are unable to schedule the upgrades for certain dates so they need full access to enter whenever they decide to do them. The notice they served stated it is the only 24 hour entry notice I will receive and covers the entire 3 month time frame.

    My dog doesn’t do well in a crate so I’d have to keep him somewhere else for 3 months or take that time off work (not happening). In addition to that, I’m just really not comfortable with people coming in and out of my apartment at random and moving my stuff around without my knowledge for 3 whole months.

    I was hoping this isn’t legal but the Civil Code isn’t specific on how long of a period a 24 hour entry notice can cover. CIV 1954(a)(1) states the 24 hour notice “shall include the date, approximate time, and purpose of the entry”. They’ve stated dates, though it’s a range, time is regular business hours per my lease, and they’ve stated the purposes. So is this legal? And if not, what can I do? My lease says if they’ve followed all the statutory requirements and I refuse entry I’ll be in breach.

    Thanks for any help!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Single 24 Hour Notice of Entry by Landlord Cover Multiple Months

    While there may not be anything specific in the statutes I believe that a court would find the landlord's behavior a breach of the implied covenant of quiet enjoyment of your dwelling.

    The following article explains the legal evolution of the doctrine and cites some case decisions that you can find on Google Scholar.

    https://www.avvo.com/legal-guides/ug...uiet-enjoyment

    While you still have time before this project starts I suggest you and your neighbors form a "tenants union" and each contribute a share of the funds that it will take to hire a lawyer. The more people that contribute, the less it will cost each of you.

    Having rights means nothing if you cannot afford to enforce them.

    Try to go it alone and you'll get steamrolled.

  3. #3
    Join Date
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    Default Re: Can a Single 24 Hour Notice of Entry by Landlord Cover Multiple Months

    I disagree with you about the statute. California law is specific as to when and under what circumstances a landlord may enter a tenant's unit:
    Quote Quoting California Civil Code, Sec. 1954.
    (a) A landlord may enter the dwelling unit only in the following cases:

    (1) In case of emergency.

    (2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.

    (3) When the tenant has abandoned or surrendered the premises.

    (4) Pursuant to court order.

    (5) For the purposes set forth in Chapter 2.5 (commencing with Section 1954.201).

    (b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.

    (c) The landlord may not abuse the right of access or use it to harass the tenant.

    (d)

    (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

    (2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

    (3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.

    (e) No notice of entry is required under this section:

    (1) To respond to an emergency.

    (2) If the tenant is present and consents to the entry at the time of entry.

    (3) After the tenant has abandoned or surrendered the unit.
    In other words, with your permission, the landlord may enter to make agreed repairs or improvements within a one week period; and otherwise, the landlord is to provide notice for each entry. There is no provision in the statute for a landlord to impose a standing notice, let alone one that would apply for three months.

  4. #4
    Join Date
    Feb 2017
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    2

    Default Re: Can a Single 24 Hour Notice of Entry by Landlord Cover Multiple Months

    Thank you, the right to quiet possession was not a statute I'd looked into.

    Unfortunately, I've tried to rally some of my neighbors already and they are pretty reluctant. Many don't speak english or they are just terrified of the owners kicking them out. The rental market here is pretty tough right now. My apartment complex alone has already raised the rent by $300 in the last 6 months for all new leases and month to month folks. I'd personally be happy to take all the blame from the owners because I'm just counting down the days to get out of my lease but I wouldn't be able to cover the cost of a lawyer alone.

    Quote Quoting Mr. Knowitall
    View Post
    I disagree with you about the statute. California law is specific as to when and under what circumstances a landlord may enter a tenant's unit:

    In other words, with your permission, the landlord may enter to make agreed repairs or improvements within a one week period; and otherwise, the landlord is to provide notice for each entry. There is no provision in the statute for a landlord to impose a standing notice, let alone one that would apply for three months.
    Interesting. I interpreted (d)(3) to apply to oral agreements only so a written agreement could have no date but I see it could apply to the "agreed repairs" in (a)(1). I feel like they could still say these repairs do not need to be agreed upon because they are "necessary" (which is crap because nothing is broken).

    I work with contracts and CA PRC and we can spend hours debating our individual interpretations of the statutes. I'm not at all familiar at all with CA Civil Code though.

    Do you have any thoughts on how to resolve this if that's even possible? The outcome I want is just to be notified within 24 hours every time they plan to enter my home.

  5. #5
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Can a Single 24 Hour Notice of Entry by Landlord Cover Multiple Months

    In this case, after being involved with major retrofits in apartments, I can say with confidence that this doesn't qualify as "necessary repairs". Generally the apartment in question will be notified a few days to a week in advance of the work and what access is required, though the work may be over a period of a few days. Blanket access is not permitted in the way that the LL is trying to wrangle.

  6. #6
    Join Date
    Oct 2006
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    16,474

    Default Re: Can a Single 24 Hour Notice of Entry by Landlord Cover Multiple Months

    Quote Quoting Ephy
    View Post
    Thank you, the right to quiet possession was not a statute I'd looked into.

    Unfortunately, I've tried to rally some of my neighbors already and they are pretty reluctant. Many don't speak english or they are just terrified of the owners kicking them out. The rental market here is pretty tough right now. My apartment complex alone has already raised the rent by $300 in the last 6 months for all new leases and month to month folks. I'd personally be happy to take all the blame from the owners because I'm just counting down the days to get out of my lease but I wouldn't be able to cover the cost of a lawyer alone.



    Interesting. I interpreted (d)(3) to apply to oral agreements only so a written agreement could have no date but I see it could apply to the "agreed repairs" in (a)(1). I feel like they could still say these repairs do not need to be agreed upon because they are "necessary" (which is crap because nothing is broken).

    I work with contracts and CA PRC and we can spend hours debating our individual interpretations of the statutes. I'm not at all familiar at all with CA Civil Code though.

    Do you have any thoughts on how to resolve this if that's even possible? The outcome I want is just to be notified within 24 hours every time they plan to enter my home.
    Well, you could fight it passively/agressively by simply not crating or removing your dog. You would want to put a sign on your door stating that there is an uncrated dog inside.

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