Landlord tenant evictions and rights to enter property
Member since 2019 · 5 posts · 0 votes
Landlord tenant evictions and rights to enter property
Most Popular Reply
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6yI'm glad to hear rules are important to you. Like paying rent, obeying court orders, and allowing the Landlord to enter and inspect after proper notice has given.
California law requires the Landlord to give notice. It does not require your permission and you are not required to be there. I hope you're able to get your life together.
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your
permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for
anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within
which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that
realtors will be showing the property is given, for the next 120 days only an oral telephonic
24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended
repair, daily entry, or excessive range of entry time are probably all "abuses" which you
have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the
place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not
clear, here, and the above is the best interpretation of what the law probably is.
The DIY Landlord Book4.7248 Reviews
12 Replies
- 6yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
@Chandra Dobbs The landlord can give you 24 hours' notice to enter and enter the property, if it is an emergency-broken water pipe, they can enter with less than 24 hours' notice. They should have a key to your unit unless you changed the locks-which is not allowed, in which case they can get a locksmith out and you are responsible for that cost.
I doubt you were evicted just because you filled out the paperwork incorrectly as the evictions are usually only done when rent has not been paid. Landlords don't want to go through the process of evictions any more than tenants. It takes a lot of time and is stressful for everyone.
If the house cannot be lived in (no working bathroom, no water or electricity), then you have to be permission and pay rent into a separate account. You still have to pay the rent, but it can't be accessed by the landlord until the repairs are done. This isn't a matter of damaged floors, but literally the tenant can't live in the house.
- Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes6y
I'm sorry this happened to you but you don't own the property and you cannot restrict/deny access to it by the owner. I don't know what state you are in but there are notice minimums that landlords must adhere to...once you're given that legal advanced notice, they have the right to enter. If they entered forcibly, it was most likely that locks had been changed without their authorization. They had no choice. They have every right.
It's important to know that tenants have the peaceful use of the property they rent. But you don't own it. If you fail to pay the rent, you have no right to be there. The owner has a large financial stake in the property that includes mortgage payments, insurance, taxes, maintenance, and more. When you fail to pay your rent, you place the owner in financial jeopardy.
Evictions aren't lost by paperwork mishaps. If you don't pay, you don't stay. If you don't abide by the lease contract, you don't have the right to stay. Please own what part of this was yours so that in the future you'll do better because you'll know better.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes6y
What you should do is admit that you lost in court, pack your bags, and move out. It doesn't matter if you lost because the paperwork was filed incorrectly or because you're a terrible tenant. You lost and should obey the court.
Arguing over when the Landlord is allowed to enter is pretty pointless. Move out and move on.
The DIY Landlord Book4.7248 Reviews - Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes6yFirst, I'm sorry you are dealing with this situation. From your story, it sounds like your landlord may not be very professional. However, we only have your side. Its equally possible you didn't hold up your end of the bargain either...we will never know. Nevertheless, that does not change the answers. A landlord may enter the unit with 24 hours notice, and you are not allowed to prevent entry. Landlord can even enter with no notice if there is an emergency, like gas/water leak. If you refuse entry, change locks, etc landlord is allowed to enter with a locksmith and bill you for cost (you denied him his right to enter). That being said, landlord cannot unreasonably effect your ability to enjoy the property. That means he cannot enter every day by posting notice. That would be considered excessive, but it doesn't sound like that's the case. From your story it sounds like you withheld rent because certain repairs were not done and you have been served with an eviction. Again, I'm sorry that happened. If you had your day in court and lost, your best option is to move out and try to start over fresh. However, I can provide advice for the future. If you have a landlord that is not making timely repairs and you wish to withhold rent, there is a process. You can't just stop paying. First, the repair needs to be a significant issue. You cannot withhold rent due to a leaky faucet. If your heat goes out in the winter, its more likely you would be able to withhold rent. Next, you must notify landlord of the issue in writing. Third, once you decide to withhold rent, it must go into an escrow account so you have proof that its "paid." The process would vary slightly by state. If you ever feel that you are taken advantage of by a landlord, many municipalities have free/reduced price legal aid for tenant/landlord disputes. Please try that next time you have an issue. You may even consider talking to them now to see if there is anything they can do. Good luck!
- Member since 2019 · 5 posts · 0 votes6y
Well thank you all for your replys rude or not.but yes I am moving on and he have lived at the residence for 7 years and paid my rent on time every month.im not going to explain anymore but yes in the state of California the landlord can' not enter your property or residence unless it is a emergency and with a 24 hour or 48 hour notice he or she can not enter without your permission.and for them to break my locks and go into my garage taking pictures and pushing on my door making threats that he's gonna break it down or go threw my windows that's not right.thats breaking and entering and breach of quit enjoyment along with alot of other rules he had broke.it don't matter if he owns the place or not that's also invasion of privacy and another charge could be home invasion.also he entered the day after he said he was within the 24 or 48 hour notice so he should have givin me another notice to enter.just because a tenant holds rent or goes threw a eviction does not mean they don't deserve to be respected as people.landlords or owners think they can do what they want because they own the place.well they can't they gotta follow rules just like everyone else.renting out your property is just like the tenant has ownership of it untill either the tenant releases it back to the owner or the judge untill then they have no right to force entry or bring a lock smith to open your doors.when you rent out propertys comes issues at times and always should be prepared.landlords should be aware of the tenants rights.also they should be aware if a tenant gets hurt on the property or there guest the landlord is responsible for that and suppose make sure property is safe at all times.so I got a bullet in my door and went threw the hall to my bathroom and my 14 year old son was home alone thank God he was ok but that's a security issue with the neighbor Hood hoodlums.and they say I gotta replace the door.nope.i got so much to say were tenants need to fight for there rights and stand there ground because alot of landlords are bully's and are unfair.they can be the nicest to your face and evil behind your back.and for your landlords to be telling your neighbors your situation and making fun of your mental state and your financial situation and your means of living is not right.i believe that is slander and due to all that causes emotional and physical distress.so maybe people should takes some notes.there wrong not right to enter if it's not a emergency.i stand by my beliefs
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes6y
I'm glad to hear rules are important to you. Like paying rent, obeying court orders, and allowing the Landlord to enter and inspect after proper notice has given.
California law requires the Landlord to give notice. It does not require your permission and you are not required to be there. I hope you're able to get your life together.
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your
permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for
anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within
which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that
realtors will be showing the property is given, for the next 120 days only an oral telephonic
24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended
repair, daily entry, or excessive range of entry time are probably all "abuses" which you
have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the
place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not
clear, here, and the above is the best interpretation of what the law probably is.
The DIY Landlord Book4.7248 Reviews - 6yJennifer T.Pro MemberInvestor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
Whenever you are talking about a general group of people, there can always be some bad apples but you can't judge the whole bushel on that. Most landlords/property owners are great. Most tenants are great. But there are some terrible landlords out there and there are most definitely terrible tenants out there. Unfortunately, I know because I've had a few!
I agree people should be respected. But that also goes for both sides of the coin. Landlords/PMs should know the landlord/tenant laws for the jurisdictions they are in. Most of them do and appropriately follow them. I know I do.
And everyone above gave you good advice about the laws regarding locks. Tenants are not allowed to change their locks without providing the PM or owner with the keys. And, if the tenant does, then It is totally appropriate...in fact, the responsible thing in case of an emergency...for the landlord to call a locksmith, remedy the situation, and then provide the tenant with those keys. All of that will be at the tenant's expense. You may not agree with those laws. I know there are laws I don't agree with, but follow them anyway, lol. But it is legally allowed. I can't speak about if your landlord should have filed a notice again if they missed the window of their first one. That seems more like something that would fall under specific rules for an area, and wouldn't be as "across the board" as the other things I've mentioned.
I'm very sorry to hear about the bullet that went through your door. That is terrifying and I'm glad your family is safe. But, while property owners are responsible for keeping our properties safe and habitable, we're only responsible up to the things we can control. I agree that you shouldn't have to pay for a new door since you weren't responsible for damaging it. It was also highly unprofessional for your landlord to gossip about you to neighbors.
At any rate, it's human nature to only see things from your own perspective. However, it's the bigger person and the person who will better themselves and gain wisdom, when they stop and at least try to see things from the other person's perspective. Your landlord made some missteps. But you did also.
I hope this turns out to be a blessing in disguise for you and your next home is better and safer.
- Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes6y
Originally posted by @Chandra Dobbs:
landlords or owners think they can do what they want because they own the place.well they can't they gotta follow rules just like everyone else.renting out your property is just like the tenant has ownership of it untill either the tenant releases it back to the owner or the judge
Actually, transferring title to a tenant is just like the tenant has ownership of it. That's not a lease; that's a sale. Did your landlord sell the property to you? No? Then you don't own it. You cannot tell someone they cannot come onto their own property anywhere in the US. If you want that right, buy a house. There are owner-occupant loans that will allow you to purchase your own home for as little as 3% down.
- Member since 2019 · 5 posts · 0 votes6y
Possession is 9/10 of the law so and I have the keys and I have the right to deny entry to any individual in the us.if someone enters into the residence while the tenant still resides at the property and someone breaks in than what happens to that person is at there own risk.
- Rental Property Investor · Navarre, FL · Member since 2019 · 913 posts · 640 votes6y
Originally posted by @Chandra Dobbs:
Possession is 9/10 of the law so and I have the keys and I have the right to deny entry to any individual in the us.if someone enters into the residence while the tenant still resides at the property and someone breaks in than what happens to that person is at there own risk.
This is your problem, you don't have the right to deny, and possession is NOT 9/10 of the law in your case. Whoever is giving you legal advice is only helping you dig a hole for yourself. And the court did not evict you based on a paperwork error, I can guarantee you. From here you have 2 clear choices in this eviction. Like Nathan said, pack up and leave with all your stuff and do it quickly, or come home one day to find all your stuff on the curb. That will probably get stolen.
The people here on this forum have been giving you sound advice, you need to listen to them, they're not being mean to you. You probably won't get a lot more replies to this. Good luck.
- Member since 2019 · 5 posts · 0 votes6y
Well thank all who had a part of this discussion I appreciate all the feed back.
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