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What can I do if landlord clearly has abused their right of entry?
Anonymous1 views3 answers
I made a stipulated agreement with my landlord that I move out within two weeks. The landlord has engaged in a pattern of numerous abuses for several months leading up to the eviction and I plan to sue after I move out, including for breach of implied warranty of habitability, unlawful conduct to influence me to move out, constant harassment, breach of covenant of quiet enjoyment, retaliatory acts, trying to cut off my utilities, threatening an illegal lockout, etc.. In the last two weeks I have received no less than five 24 hour notices to enter only one which can be considered legitimate. The other times were meant to simply harass me including scheduling a property inspection for the day and time I would be at court for the unlawful detainer. Today I received the fifth notice supposedly for minor repairs and to take pictures despite the fact that my attorney noted the abuses to the landlord's attorney. The fact is that no minor repairs are urgently "needed" (certainly not for my benefit) and numerous pictures and video were already taken during one of the previous inspections a few days ago. The purpose is clearly to harass me. I suspect the landlord will try to impose themselves and harass me this way up to the day I move, for example, with 24 hour notices to show the apartment to prospective tenants. the situation is getting to be unbearable. How can I quickly get an injunction to stop this harassment?
Civil Code section 1954 limits the circumstances in which a landlord can enter your apartment without your consent. You can read the full statute here: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=823679781+2+0+0&WAISaction=retrieve
Out of curiosity, why are you asking for help on if you already have an attorney?
Disclaimer: This answer does not constitute legal advice. I am admitted in the state of California only and make no attempt to opine on matters of law that are not relevant to that state. This advice is based on general principles of law that may or may not relate to your specific situation. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
If you plan on suing, you need to make sure you have ample evidence that sufficiently demonstrates harassment on the part of the landlord. You might want to make sure you have correspondence available, such as emails you sent adn his replies, copies of faxes you sent, etc. Take pictures demonstrating no repairs were needed.. A landlord needs to provide you with written notice of intent to enter, so make sure you have all of those as well, as those will show the high frequency of his visits and the inappropriate times he is visiting as well. A reasonable judge will take all of that into consideration.
Fist, i suggest you evaluate our goal and work backwards. I suggest because Attorneys without business or RE experience normally try to cite relevant statutes and perhaps case law in the hope you would hire for advice and give a retainer. After $400M of RE Development and 30* major real estate projects i've built, first perform a cost-benefit analysis before giving any attonrey any money.
For example, i could tell you my office could file an action in Superior court tomorrow and have one of my attonreys go ex parte after service seeking a TRO preventing access while court sets a date for notice motin to hear merits so they are on record.
I raise the first step (a cost-benefit anlysis so you can decide BEFORE ever hiring an attorney. Yes, there are merits to your legal arguments. The question is whether you want to pay an attonrey to purus same. Unless there something i have missed from the facts, from a business perspetive the question you need to answer is: Do you want to go out of poicket to pay an attonrey to continue handling. I cannot speak for your personal circumstances and sincerely sympathize with your LL whose sounds like someone who should be taken to the mat in our judiicial system.
Please consider the foregoing before wasting your money on legal counsel. If you do, i suggest you demand some sort of written committment what they will accomplish. If you want a basic legal reference, i'm happy to have on of my Attorneys email next week to you. I wish you the best.
