Porterville, CA asked in Landlord - Tenant for California

Q: How many times can management enter your apartment in a month before it is considered harassment?

We are a low income complex funded by different government departments. We are having a government inspection on the 28th and since March I have had at least 6 notices of entry left on my door( as has most of the other tenants as well). The latest dated today for tomorrow is for tomorrow through the 28th. They use the same 2 reasons to repair any necessary issues and to install repair etc smoke detectors. Mine were replaced last week. They do not notify us if they came in or not.. they have never talked to me about any repairs etc. needed or finished and it is intrusive and apparently never ending. Thank you

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To answer this question, we need to consider California landlord-tenant law and the concept of reasonable entry. Here are some key points to consider:

1. Legal basis for entry: In California, landlords have the right to enter rental units for specific reasons, including making necessary repairs, showing the property to prospective tenants or buyers, and conducting inspections. However, this right must be balanced with the tenant's right to quiet enjoyment of the property.

2. Notice requirements: Generally, landlords must provide 24-hour written notice before entering a rental unit, except in emergencies.

3. Frequency of entry: California law doesn't specify a maximum number of times a landlord can enter a unit in a month. However, entries should be reasonable in frequency and duration.

4. Harassment: Excessive or unnecessary entries could potentially be considered harassment. The key factor is whether the entries are reasonable and necessary.

5. Government-funded housing: As you mentioned this is a low-income complex funded by government departments, there may be additional inspection requirements that don't apply to typical rental properties.

Given your situation:

1. The frequent notices (6 since March) and the extended period (from tomorrow through the 28th) seem unusually high.

2. The lack of communication about whether they actually entered and what was done (if anything) is concerning.

3. The repeated use of the same reasons for entry, especially after the stated task (smoke detector replacement) has been completed, raises questions.

4. The upcoming government inspection on the 28th may explain some of the increased activity, but not necessarily all of it.

To address this situation:

1. Document all notices and actual entries (dates, times, reasons given).

2. Ask management in writing for clarification on why so many entries are necessary and request that they inform you when they actually enter and what work was done.

3. If you feel the entries are excessive or unnecessary, you could file a complaint with the property management or the government agency overseeing the housing complex.

4. If the situation persists, consider consulting with a tenant rights organization or a lawyer specializing in landlord-tenant law.

While there's no specific number of entries that automatically constitutes harassment, the frequency and pattern you describe could potentially be considered unreasonable. The key is whether these entries are truly necessary and whether they're being conducted in a way that respects your rights as a tenant.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.