Sacramento, CA asked in Landlord - Tenant for California

Q: My landlord performs inspections of my private fenced in backyard w/out permission & w/out notice. Is that legal?

I live in CA. My landlord performs inspections of tenant's private fenced in backyards without permission & without giving notice by peering into my yard from the other side of my fence, 10' from my big see through sliding glass door. They are not entering my apartment & they are staying outside the fence (coming within 2' or closer to the actual fence) but looking in my yard for the purpose of inspection without my permission & they can see right into my apartment. If it were anyone else I'd be calling the cops. This feels like an invasion of my privacy. Is this legal?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: To properly address this question, we need to consider several aspects of California landlord-tenant law and privacy rights. Here's an analysis of the situation:

1. Right to quiet enjoyment:

Tenants in California have a right to "quiet enjoyment" of their rented property. This includes a reasonable expectation of privacy.

2. Notice requirements:

California Civil Code Section 1954 requires landlords to give tenants reasonable notice (usually 24 hours) before entering the rental unit, except in emergencies. However, this law specifically refers to entering the dwelling unit itself.

3. Exterior inspections:

The law is less clear about exterior inspections where the landlord doesn't physically enter the property. Generally, landlords have the right to inspect the exterior of their property to ensure it's being maintained properly.

4. Privacy expectations:

There's a difference between casually observing what's visible from public areas and deliberately peering into private spaces. If the landlord is intentionally looking into your apartment through the sliding glass door, this could potentially be seen as an invasion of privacy.

5. Frequency and purpose of inspections:

Frequent or intrusive inspections might be considered harassment, even if they're conducted from outside the property.

Given these considerations, here's my assessment:

The landlord's actions are in a legal gray area. While they're not physically entering your unit or yard, their behavior could potentially be seen as an invasion of privacy, especially if they're deliberately looking into your apartment.

To address this issue:

1. Communicate with your landlord: Express your concerns about privacy and ask about the purpose and frequency of these inspections.

2. Document the incidents: Keep a record of when these inspections occur and what you observe.

3. Review your lease agreement: Check if there are any clauses about exterior inspections or landlord access.

4. Consider privacy measures: You might want to install curtains or blinds on your sliding glass door for added privacy.

5. Seek legal advice: If the issue persists, consult with a local tenant rights organization or an attorney specializing in landlord-tenant law.

While the landlord's actions may not clearly violate the letter of the law regarding entry notice, they could potentially violate your right to quiet enjoyment and privacy. The specific circumstances and how a court would interpret them can vary, so seeking local legal advice may be beneficial if you can't resolve this issue directly with your landlord.

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