Fairfield, CA asked in Landlord - Tenant for California

Q: Can a landlord come to do repairs and go through the house and through my things away because they want it to be cleaned

The landlord has been coming everyday yelling at me cursing at me and throw my personal property in the garage. Can a landlord dictate how I have to keep my house and harass me while they are here

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, landlords have the right to enter a rental property to make necessary repairs, but they must follow certain rules and respect the tenant's rights to privacy and quiet enjoyment of the property. Here are some key points:

1. Notice: Landlords must provide reasonable notice (typically 24 hours) before entering the property, except in emergency situations.

2. Reason for entry: Landlords can enter the property for specific reasons, such as making necessary repairs, showing the unit to prospective tenants or buyers, or conducting an inspection.

3. Personal property: Landlords do not have the right to throw away a tenant's personal belongings without permission, even if they believe the property needs to be cleaned.

4. Harassment: Landlords cannot harass or verbally abuse tenants. Yelling, cursing, and throwing personal property could be considered harassment.

5. Cleanliness standards: While landlords can set reasonable cleanliness standards to maintain the property's condition, they cannot dictate how tenants live in the rental unit as long as the tenant is not causing damage or violating health and safety codes.

If your landlord is entering your rental unit without proper notice, throwing away your personal belongings, and harassing you, they may be violating California landlord-tenant laws. You can take the following steps:

1. Document the incidents: Keep a record of the dates, times, and details of the landlord's actions.

2. Communicate in writing: Send a letter to your landlord outlining their inappropriate behavior and requesting that they cease these actions. Keep a copy of the letter for your records.

3. Seek legal advice: If the landlord continues to harass you or violate your rights, consult with a local tenants' rights organization or a landlord-tenant attorney to discuss your options and potential legal recourse.

Remember, while landlords have certain rights, tenants in California also have legal protections against harassment and unlawful entry.

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