Aliso Viejo, CA asked in Landlord - Tenant for California

Q: Is it legal for a landlord to do construction for an extended amount of time without informing residents?

There has been construction in my apt complex now for a year. it hasn't stopped and when asked about it they say they are not required to inform residents.

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

A: Under California law, landlords are generally required to provide notice to their tenants before conducting repairs or construction that will affect their living conditions. Specifically, California Civil Code Section 1940.9 requires landlords to provide tenants with at least 24 hours' notice before entering the tenant's unit for repairs or maintenance.

If the construction in your apartment complex is affecting your living conditions or use of your apartment, then your landlord may be required to provide notice to you and other tenants in the building. This would typically include situations where the construction causes excessive noise or dust, limits access to common areas, or interferes with utility services.

It is possible that your landlord may argue that they are not required to provide notice if the construction is being done for the purpose of making necessary repairs or upgrades to the building. However, even in these cases, landlords are generally expected to take steps to minimize the impact of construction on their tenants, such as scheduling work during reasonable hours and providing advance notice of any disruptions.

If you believe that your landlord is not providing adequate notice or is causing undue disruptions with their construction activities, you may wish to consult with a local tenant rights organization or speak with an attorney who specializes in landlord-tenant law. They can help you understand your rights and take steps to address any violations.

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