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Does a landlord need a renters consent to start construction inside of the home displacing the tenant.
Anonymous2 views2 answers
I had a leak in my a/c unit that I reported to the landlord, he asked if he can set up a meeting with the builder since it is a new home. I agreed to let them enter the unit w/o me being present. When I got home that evening, my home was a complete construction zone and I was told I could not enter the home for 2 weeks. That the landlord authorized work to begin to fix the leak that went from my third story all the way down. My question is:
1. Can a landlord authorize the home builder to start construction, requiring the tenant to leave the premises without notifiying and/or getting consent from the tenant?
2. Does the home builder need consent from the tenant to start construction if they know the home is being rented?
3. Does the home builder have the right to move the tenants personal items w/o their consent and/or knowledge?
Usually a landlord does not need your consent to make needed repairs. There are some limits, and usually advance written notice is required - but not your consent. He has the right to enter the unit and make repairs without advance written notice when there is an emergency.
A water leak could be considered an emergency.
If you are displaced, you are entitled to a reduction in rent, or reimbursement for costs of replacement housing during the displacement period.
For more information, check out the tenant's rights handbook at the Dpt of Consumer Affairs website: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
Robert Pecco BakerIntellectual Property Law AttorneyVenice, CACA licensed ·
Wow
1. Is there anything in writing concerning the entry?
2. I often see misunderstandings concerning the nature and scope of the entry consented to: what time, for how long, who, are they licensed and insured, any criminal records, no photos, limit the rooms entered, any testing or construction. I always try to have my clients cover these items but it is difficult w the 24 hour limit.
3. Landlord may argue that he was given permission to do all of this but without a wriitng he will likely lose that argument.
4. His defense would be that the leak threatened the integrity of the structure. If it were such an emergency and required you to move out, that is a violation of your right to quiet enjoyment. He might agree to rebate your rent but the cost of relocation could easily be more.
5. The bad news is that you are going to have to fight for your rights. At the end of it, the landlord's nose will be out of joint and he will not renew your lease when it is up.
If I could make a living at it I would devote the next 10 years to leveling the playing field against landlord's like yours. Unfortunately I still have children in Ivy League schools.
