Question:
does a landlord have the right to enter with open notice for a full month?
cmlupa
2008-04-03 17:22:44 UTC
I am in California, renting an apartment. Today i received a notice on my door from a Plumbing company, stating "we have been contracted to repipe your building. We will need access to your unit from 8:00am to 5:00pm on the following days monday 4/7/08 to friday 5/2/08. For questions contact your leasing office" I contacted the office and said i will give them permission to enter if i get 24hr notice prior to entry, but I do not give permission to enter freely for an entire month, and they said they can and will. Help... can they really do this?
Five answers:
Nikki
2008-04-03 17:31:52 UTC
I am almost sure they CANNOT.

I don't know if you have this by you, but in wisconsin we have a tenant resource company, just look them up, call & ask. they are PRO renter, and basically do everything they can to back you and not the landlord. I think you're right with granting access if you get 24hr notice. A whole month with being able to have access is a little excessive and I would strongly suggest looking up in your yellow pages a company that can look more into it, whetehr its a tenant resource company or lawyer
whatevit
2008-04-04 00:49:04 UTC
Your have the right to draw up a statement of condition. You

can permit the Landlord to have access to the space "if they

agree to take responsibility for the people that enter your

space". The agreement should state that the landlord takes

responsibility for missing or damage to the rented property.



The way you have presented the information it seem that the

workmen will have free run of the property for 8-9 hours, for

close to 30 days. Most times this is the need for the entire

building. The length of time in your space may be no more

than 2-3 hours. It is impossible for the workmen to say what

hour period they will be in your space. But it is not impossible

for the landlord to be responsible when they are there.
acermill
2008-04-04 01:02:11 UTC
Yes, they can do this, since they HAVE given you 24 hour (or more) notice. In fact, they have given you a full month's notice.



There need not be an individual notice given for EACH day, as long as you have been advised AT LEAST 24 hours in advance of the TIMES they will be there. As long as they gave you 24 hours notice of all the days they will be there, they are within their rights.
ogg08
2008-04-04 00:31:11 UTC
not sure, but if your building has major plumbing issues, i would allow them to have that access myself as the issue can be complex and difficult to fix than it is if the plumbers don't have easy access...
IN_Houston
2008-04-04 01:52:57 UTC
http://www.federalreserve.gov/pubs/foreclosure/default.htm







WHEN CAN THE LANDLORD ENTER THE RENTAL UNIT?

California law states that a landlord can enter a rental unit only for the following reasons:



In an emergency.

When the tenant has moved out or has abandoned the rental unit.

To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.

To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy (see Initial Inspection sidebar).

If a court order permits the landlord to enter. 104

If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements. 105

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. 106 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.107

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.108

The law considers 24 hours' advance written notice to be reasonable in most situations.



If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations.109 The tenant can consent to shorter notice and to entry at times other than during normal business hours.



Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord's agent may give the tenant notice orally, either in person or by telephone. The law considers 24 hours' notice to be reasonable in most situations. However, before oral notice can be given, the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it. This written notice must be given to the tenant within 120 days of the oral notice. The oral notice must state the date, approximate time and purpose of entry. 110 The landlord or agent may enter only during normal business hours, unless the tenant consents to entry at a different time 111 When the landlord or agent enters the rental, he or she must leave a business card or other written evidence of entry 112



****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.113



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.114





*******Notice it states THE DATE.

But they can just send you a letter with each date on it instead of date through date. Also when reading the law you have to take each word for it's literal meaning, such as 'and' meaning both the statement before 'and' the statement after where as 'or' is either the first or the second has to apply.



I wouldn't make a big stir about it unless you think they are trying to get you to move out. Then the cap is only $2k. In California that buys like....one large pizza right?

WHEN CAN THE LANDLORD ENTER THE RENTAL UNIT?

California law states that a landlord can enter a rental unit only for the following reasons:



In an emergency.

When the tenant has moved out or has abandoned the rental unit.

To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.

To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy (see Initial Inspection sidebar).

If a court order permits the landlord to enter. 104

If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements. 105

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. 106 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.107

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.108

The law considers 24 hours' advance written notice to be reasonable in most situations.



If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations.109 The tenant can consent to shorter notice and to entry at times other than during normal business hours.



Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord's agent may give the tenant notice orally, either in person or by telephone. The law considers 24 hours' notice to be reasonable in most situations. However, before oral notice can be given, the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it. This written notice must be given to the tenant within 120 days of the oral notice. The oral notice must state the date, approximate time and purpose of entry. 110 The landlord or agent may enter only during normal business hours, unless the tenant consents to entry at a different time 111 When the landlord or agent enters the rental, he or she must leave a business card or other written evidence of entry 112



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.113



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.114





*******Notice it states THE DATE.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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