17 Jul Tenant Laws | Frequently Asked Questions
Tenant Laws | Question #1:
ENTRY OF APARTMENT
There will be times when a landlord will want to enter a unit. California law stated that a landlord could enter a rental unit only for the following reasons: 1. When the tenant has moved out or has abandoned the rent unit 2. to make necessary or agreed upon repairs, decorations, altercations, or other improvements 3. to show the rental unit to prospective tenants, 4. Court order or 5. the installation and inspection of a waterbed. In these situations, the law considers 24 hours to be advance notice. However, during an emergency, advanced notice is not required.
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.
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.
Tenant Laws | Question #2:
Pest Problems. Are we liable to pay the remaining days of our lease?
CONSTRUCTIVE EVICTION
A constructive eviction occurs when the acts or omissions of a landlord, or any disturbance or interference with the tenant’s possession by the landlord, renders the premises, or a substantial portion thereof, unfit for the purposes for which they were leased, or has the effect of depriving the tenant for a substantial period of time of the beneficial enjoyment or use of the premises. Abandonment of premises by the tenant within a reasonable time after the wrongful act of the landlord is essential to enable the tenant to claim a constructive eviction. Failure to repair and keep the premises in a condition suitable for the purposes for which they were leased has been held to constitute eviction. If a tenant abandons a rental unit because the acts or omissions of the landlord deprived the tenant of the beneficial enjoyment of the premises or rendered it unfit for the purposes for which it was rented, the tenant has been constructively evicted. When a tenant is constructively evicted, the tenancy is terminated and the tenant is not liable for rent for the portion of the term following his or her eviction. A tenant who has been constructively evicted is entitled to recover whatever amounts are necessary to compensate the tenant for the detriment approximately caused by the constructive eviction or likely to result from it. Damages for mental anguish, pain, or physical injury may also be awarded as well as exemplary damages when the landlord’s conduct justifies the award.
Tenant Laws | Question #3:
Can my farm animals continue to stay on the property after an eviction?
Can I leave my stuff behind after an eviction?
Can I terminate the one year lease agreement with landlord and get back my security deposit?
ABANDONED PROPERTY
CA Civil Code sections 1980 – 1991, states the laws that must be followed, the disposition of personal property remaining on premises at termination of tenancy. Unfortunately there are different sets of laws for residential and commercial property. Since your question does not state the type of property, a complete answer cannot be given. However, one thing to take into consideration is whether you as the tenant will return to collect the property or you have abandoned the property, both resulting in different outcomes.
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The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. It is highly recommended that you seek advice from an attorney by setting up a confidential meeting. All who read this answer should not rely on the answer to govern their conduct.
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