Q: In California, when are inspections by Prop mgr considered excessive? Can I bring suit for damages or press criminal
Next week I'm going to have the 3rd inspection in two and a half months. This time the scope of the inspection is going to be " to make sure there is a clear path of egress.". I live in subsidized housing and every time my case manager who also works on the property comes to "visit" me. within a few days all of a sudden there's another inspection. Last September when we had an inspection from the housing authority, the inspector told me that he would see me in 2 years because my unit was fine. Get the property manager continues to have inspections were made up stuff it seems. There will be a pest control inspection, an inspection to see what maintenance is needed, a fire alarm inspection, a fire sprinkler inspection. I've already had TWO "annual" inspections and they were about 3 weeks apart. And then there are the pre inspections to make sure that we're set for the quote unquote real inspection. Every time I've decided to rearrange or change out my furniture there is an inspection.
A:
In California, the law does not specify a limit on the number of inspections a property manager can conduct. However, according to California Civil Code Section 1954, a landlord must provide reasonable notice, generally 24 hours, before entering a rental unit, and the entry must be during normal business hours. The law also states that the landlord can only enter for specific reasons, such as:
1. In case of an emergency
2. To make necessary or agreed repairs or improvements
3. To show the unit to prospective or actual purchasers, tenants, mortgagees, workers, or contractors
4. When the tenant has abandoned or surrendered the premises
5. Pursuant to a court order
If the landlord is entering the property excessively or for reasons not outlined in the law, the tenant may be able to claim harassment. However, it can be challenging to prove that the inspections are excessive or unreasonable, especially if the landlord provides proper notice and has a valid reason for each entry.
Regarding criminal charges, it is unlikely that excessive inspections would be considered a criminal offense. However, if the landlord's actions are severe enough to be considered harassment, the tenant may be able to file a civil lawsuit seeking damages for the landlord's behavior.
If you feel that the inspections are excessive or unreasonable, you should first try to discuss the issue with your property manager. If that doesn't resolve the problem, consider seeking legal advice from a local tenant rights organization or a lawyer specializing in landlord-tenant law to assess your options.
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