Can I Withhold Rent in California if the Landlord Enters My Apartment Without Notice?
Full Question:
Answer:
A tenant has an implied right to the peaceful and quiet enjoyment of the premises. It would be a matter of subjective determination for the court to determine whether the congregating persons are disturbing enough to be considered to be depriving the tenant of the intended use of the premises. Some of the factors, among others, that the court may consider include whether there have been police reports of crimes involving the congregating individuals and break-ins in the area, whether they are congregating on the patio or a public area, and whether the patio is part of the leased property, and whether you are deprived of the use of the patio.
A tenant's right to quiet enjoyment is impaired when the landlord blocks the tenant's access to the premises or changes some essential aspect of the premises so substantially as to render the property unsuitable for the purposes for which it is leased. It may be possible to claim a material breach of the lease by the landlord if you have provided written notice of the condition and there has been a failure to take action to remedy the situation in a reasonable time.
The landlord or the landlord’s agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). the notice must state the date, approximate time and purpose of entry.118 however, advance written notice is not required under any of the following circumstances:
• to respond to an emergency.
• the tenant has moved out or has abandoned the rental unit.
• the tenant is present and consents to the entry at the time of entry.
• the tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. the agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.
The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. the landlord or agent may:
• personally deliver the notice to the tenant; or
• leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant’s household); or
• leave the notice on, near or under the unit’s usual entry door in such a way that it is likely to be found; or
• Mail the notice to the tenant.
The law considers 24 hours’ advance written notice to be reasonable in most situations.
The landlord cannot abuse the right of access allowed by these rules, or use this right of access to harass (repeatedly disturb) the tenant. Also, the law prohibits a landlord from significantly and intentionally violating these access rules to attempt to influence the tenant to move from the rental unit.
If your landlord violates these access rules, talk to the landlord about your concerns. if that is not successful in stopping the landlord’s misconduct, send the landlord a formal letter asking the landlord to strictly observe the access rules stated above. if the landlord continues to violate these rules, you can talk to an attorney or a legal aid organization, or file suit in small claims court to recover damages that you have suffered due to the landlord’s misconduct. if the landlord’s violation of these rules was significant and intentional, and the landlord’s purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation.
Please see the information at the following links:
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf