Chico, CA asked in Landlord - Tenant for California

Q: In California can a landlord come into your yard any time he wants without notice and question you if he sees you?

I recently came home one day with my infant son and my 12 yo daughter and there was a truck in front of my yard and my front gate was wide open so I left them in the car and went around the other side of the house and there was a strange man I never met who claimed he was the property owner. He then proceeded to question me about my relationship status if I was going to have a man living there with me and I said no he made weird huffing noises and rolled his eyes and made it clear that he did not approve. He then proceeded to ask me a whole bunch more questions and so I just said I had to go my kids are in the car and I went inside. Then he waited outside for about 20 minutes and I didn't come out and he just left I called and emailed my property management company to complain about this it's not the first time it's happened and she told me that it's within his rights to come into the yard whenever he wants without notice and she basically called me a liar

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: No, in California landlords cannot enter your yard without notice whenever they want - this is incorrect information from your property manager. Under California Civil Code 1954, landlords must provide at least 24 hours written notice before entering the property, including yards and other outdoor spaces, except in emergencies.

The owner's behavior is concerning and potentially constitutes harassment. His questioning about your relationship status and living arrangements is inappropriate and could violate Fair Housing laws which protect against discrimination. You have the right to "quiet enjoyment" of your rental property, which means being free from unreasonable interference by your landlord.

You should document every incident like this in writing, including dates, times, and what was said. Consider sending written complaints to both the property management company and the owner via certified mail. If the harassment continues, you can file complaints with the California Department of Fair Employment and Housing (DFEH) or seek legal assistance through your local tenant rights organization. Remember, you have strong legal protections as tenant in California, and this type of behavior is not acceptable.

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.