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Can a landlord refuse to provide copy of lease to tenants?
Anonymous2 views2 answers
we've called numerous times, even mailed letters asking for a copy. we have yet to receive anything. He has come over a few times without prior notice luckily we're home when he does, but how do we not know he doesn't do that when no one is home. He has on one occasion come over & turned on the sprinklers without us knowing. What can we do??
No. In California, a landlord has a legal obligation to provide a copy of the rental agreement or lease. Specifically, California Civil Code section 1962 provides as follows:
"(a) Any owner of a dwelling structure specified in Section
1961 or a party signing a rental agreement or lease on behalf of the
owner shall do all of the following:
(1) Disclose therein the name, telephone number, and usual street
address at which personal service may be effected of each person who
is:
(A) Authorized to manage the premises.
(B) An owner of the premises or a person who is authorized to act
for and on behalf of the owner for the purpose of service of process
and for the purpose of receiving and receipting for all notices and
demands.
(2) Disclose therein the name, telephone number, and address of
the person or entity to whom rent payments shall be made.
(A) If rent payments may be made personally, the usual days and
hours that the person will be available to receive the payments shall
also be disclosed.
(B) At the owner's option, the rental agreement or lease shall
instead disclose the number of either:
(i) The account in a financial institution into which rent
payments may be made, and the name and street address of the
institution; provided that the institution is located within five
miles of the rental property.
(ii) The information necessary to establish an electronic funds
transfer procedure for paying the rent.
(3) Disclose therein the form or forms in which rent payments are
to be made.
(4) Provide a copy of the rental agreement or lease to the tenant
within 15 days of its execution by the tenant. Once each calendar
year thereafter, upon request by the tenant, the owner or owner's
agent shall provide an additional copy to the tenant within 15 days.
If the owner or owner's agent does not possess the rental agreement
or lease or a copy of it, the owner or owner's agent shall instead
furnish the tenant with a written statement stating that fact and
containing the information required by paragraphs (1), (2), and (3)
of subdivision (a). "
Unless it is am emergency, the landlord should give you at least 24 hours advance notice.
CA Civil Code Section 1962(a)(4) requires him to give you a copy of lease within 15 days of signing.
Civil Code 1954 allows him to enter premises only in case of emergency or to make necessary or agreed repairs. He has to give minimum 24 hours notice of access.
