Results 1 to 8 of 8
  1. #1
    Join Date
    Jun 2008
    Posts
    4

    Question Right Of Entry - Safety And Tenant Keys

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

    I have a 12 month lease and have lived in the unit 2 months. There are multliple repair and maintenance issues. The landlord notice includes a 5-8 hour range as the approximate time even for 15 minute jobs. Frequently the worker does not show and the appointment is cancelled at the end of the day and rescheduled for another day. Some weeks it may take 3 days in one week to accomplish a simple task. To accommodate the landlord and the worker I am cancelling my appointments, losing work time, losing personal time, feeling trapped. Cancelling my scheduled day is hard the first time, when the worker cancels twice or three times it's really hard. I have given the landlord a copy of the code. I have suggested mediation without success.

    I want to be home when the workers are in my home but I feel I cannot continue this. The landlord has a full time job and is not on the grounds or in the apartment with the worker. I believe the key to my apartment is hidden somewhere on the grounds. So far 8+ different workers have serviced my unit. I've seen 5-8 others working on the grounds. They are not employees of the landlord. They look like independent contractors with subcontractors.

    If I resume my life, the worker will be alone in my apartment and will know where my key is hidden. Often the workers leave doors open and walk about the grounds to get tools. Often the landlord is gone for 10 hours. That's a long time for a key to be hidden and I worry how many people out there know where these keys are hidden.

    My concerns are the safety of myself and my belongings because of the unsafe handling of my key. Also, the frequent appointments are interfering with my ability to work, my personal life, my ability to feel comfortable in my own home and really causing me a lot of stress.

    I could try to break the lease, but I cannot afford to move again at this time.

    I have sent the landlord the right of entry code. I have suggest mediation without success.

    Any information regarding the legality of the landlords behavior is appreciated. Any suggestions on how to resolve these issues is appreciated.

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Right Of Entry - Safety And Tenant Keys

    Quote Quoting amorelle
    View Post
    I believe the key to my apartment is hidden somewhere on the grounds.
    Your beliefs are irrelevant. Either a key is hidden on the grounds, or no key is hidden. Ask your landlord.

  3. #3

    Default Re: Right Of Entry - Safety And Tenant Keys

    By asking for a repair, you are giving the landlord implicit permission to enter. You have the right to be there, but barring a lease provision to that effect, you cannot require that you be there. Keep in mind that failing to report a problem or request a needed repair in a timely manner that results in additional damage may make you liable for that additional damage.

    I understand your concerns, but there is no good answer. You could try making the repairs yourself or have someone else do them; technically your landlord cannot stop you, barring a lease provision otherwise, especially if he/she doesn't know about it, but you can be held liable if the "fix" is not proper or if subsequent damage occurs

  4. #4
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Right Of Entry - Safety And Tenant Keys

    Quote Quoting Mr. Knowitall
    View Post
    Your beliefs are irrelevant. Either a key is hidden on the grounds, or no key is hidden. Ask your landlord.
    I have asked. Most of the time she is not on the grounds or in the apartment. She does have a full time plus day job that requires day travel. She does not answer the question of how the worker gets the keys.

  5. #5
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Right Of Entry - Safety And Tenant Keys

    Quote Quoting wally
    View Post
    By asking for a repair, you are giving the landlord implicit permission to enter. You have the right to be there, but barring a lease provision to that effect, you cannot require that you be there. Keep in mind that failing to report a problem or request a needed repair in a timely manner that results in additional damage may make you liable for that additional damage.

    I understand your concerns, but there is no good answer. You could try making the repairs yourself or have someone else do them; technically your landlord cannot stop you, barring a lease provision otherwise, especially if he/she doesn't know about it, but you can be held liable if the "fix" is not proper or if subsequent damage occurs
    A lease provision bars me from making my own repairs.

    Can a scheduled 12-5pm or 8-5pm entry time, be cancelled due to "no show" at 5pm, rescheduled for the next day and again cancelled do to a "no show", sometimes 3 days in a row, with frequent similar scenarios in subsequent weeks?

    This does not seem right to me. Any help is appreciated.

  6. #6

    Default Re: Right Of Entry - Safety And Tenant Keys

    Again, barring a lease provision otherwise, you can't stop the landlord from making a repair because you are not present. So setting up an appointment time that is not kept is a courtesey.

    Yours is a difficult situation for which I have no answer.

  7. #7
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Right Of Entry - Safety And Tenant Keys

    Hi,

    I appreciate your feedback.

    I have included the related California Civil Code.

    I have 2 questions:

    1. Are frequent and consecutive cancellations reasonable?
    2. Are frequent and consecutive cancellations abusive?

    CIV §1954. Entry by Landlord
    (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.
    (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 writin g 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.

  8. #8

    Default Re: Right Of Entry - Safety And Tenant Keys

    Quote Quoting amorelle
    View Post
    (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.
    I am not surprised that there is a state that requires landlords to give notice of intended entry, even for repairs, but that doesn't help your problem where the landlord or his agent doesn't show.

    If you could show a real necessity to be home when the repairman enters, and that these "no shows" are hurting you excessively, you might get some relief from a court. The big hurdle is showing you need to be home when the repairman enters...

    1. Sponsored Links
       

Similar Threads

  1. Grounds for Eviction: Tenant Won't Return Keys
    By babbles8412 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 06-02-2011, 03:49 AM
  2. Quiet Enjoyment: Illegal Entry Into a Tenant's Home
    By pyrowipe in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 12-11-2010, 03:41 PM
  3. Removal (Deportation) and Reentry: Re-Entry As Immigrant After Refusal at Port of Entry
    By njee98 in forum Immigration Issues
    Replies: 2
    Last Post: 11-02-2009, 05:03 AM
  4. Removal (Deportation) and Reentry: Entry Denied on B1/B2 Visa at Port of Entry to a Physician
    By goodbody in forum Immigration Issues
    Replies: 1
    Last Post: 06-21-2009, 09:50 AM
  5. Denial of Access: Landlord Refuses to Give the New Keys to the Tenant
    By Nadya_25 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-31-2004, 05:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources