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November 6, 2007

Landlord Tenant Legal Question

Surely someone out there must know.

Here's the deal:

I live in Los Angeles.
I have been month-to-month for 5 years.
Gave my 30 day notice.

Now my landlord would like to hold "open houses" for perspective renters EVERY SINGLE DAY starting tomorrow, from 11-5.

I work from home. I am packing. I have valuables and pets that could get out and hurt.

Does anyone know if there are limits on the number of times or hours that a landlord can enter the premises?

There is also something called "abuse of the right to enter". But I'm having trouble finding specifics.

I paid rent, therefore this is still my home until the end of the month, right? How inconvenienced must I be before it crosses the line?

Posted by Moxie at November 6, 2007 1:03 PM |icon_su.gifStumble It! |85x10-digg-link.gif | del.icio.us

Comments

I'm guessing you've already seen this, but just in case you haven't.

Posted by: M@ at November 6, 2007 1:53 PM

Yes, of course. I talked to some folks at the DCA for Los Angeles and they don't think it's legal either.

My question is more about what is "reasonable" entry. And there is the right to "quiet enjoyment" as a tenant, 11-5 every single day is not quiet enjoyment.

Sigh. This is making me sweat.

Posted by: Moxie at November 6, 2007 3:03 PM

11-5 every single day sounds like it would fall under using entry as a means of harassment. Though I'm not a lawyer, I don't even play one on tv.

Posted by: M@ at November 6, 2007 4:35 PM

My family is in the real estate business in North Carolina (although I am not...) and what they usually do in a situation like that is they let the tenant know that they will be showing the dwelling to prospective new tenants and that the old tenant will need to be accommodating. But it's not an open house, it's a scheduled visit (although not always at the tenant's convenience, but never unsupervised)

If, by open house, he means that he will bring prospective new tenants by between the hours of 11 am to 5 pm to show the property, then I think he's probably within his rights. If it means he expects you to leave the door open and let any moron who sees a flyer on the street wander through, I don't think that's gonna fly.

Posted by: Flannel Avenger at November 6, 2007 9:10 PM

My consigliere is a criminal defense attorney by trade, but he may be able to refer you to someone if you want his number.

Posted by: Paul Hrissikopoulos at November 6, 2007 9:27 PM

Hey Flannel, how would YOU feel if you paid rent and was told that people would be in and out of your place between the hours of 11-5?

I think that infringes on the right to "quiet enjoyment".

I paid rent, and there it nothing in the law that says the landlord has the right to invade my privacy without 24 hours written notice.

Posted by: Moxie at November 7, 2007 5:13 AM

Call the landlord and follow it up with a letter. Tell them that while you realize they have a right to show the premises, they have notice obligations under Civil Code section 1954 that are not satisfied by giving you open-ended notice that they intend to just traipse on in any time between 11 and 5 for the next few weeks, that such an arrangement will cause you considerable anxiety and stress to the point of disrupting your peaceful enjoyment of your tenancy, and that the letter is to formally notify them that you intend to insist on your right to 24 hours' notice of every entry in non-emergency situations, and that you will refuse to admit anybody who shows up without such notice. Be firm but polite. If somebody shows up, say "I'm sorry but I wasn't notified and I'm busy right now; try again in a few days after we've set a convenient time for all of us." Under no circumstances consent to a "lock box" with a key. You may be able to work out a compromise whereby you agree to a handful of open house days during the month in exchange for a few hundred bucks off your rent.

Also, check what your lease says. Under Civil Code section 1953, any provision purporting to waive your rights under Section 1954 is void as contrary to public policy.

Posted by: Alex at November 7, 2007 7:40 AM

Crank the acid metal to 11 and feature some quality porn on the TV? While it is LA, you're still likely to at least get some of them out of there pretty fast.

Posted by: Mr. Lion at November 7, 2007 9:59 AM

I'd just be naked 24/7 for the rest of the month. Nobody wants to walk in and see a naked dude eating Cool Ranch Doritos with one of those long-handled grabber doohickeys. They definitely wouldn't want to live there either because they'd be thinking, "If this dude is sitting around naked eating Cool Ranch Doritos at 11 AM on Wednesday, I don't even want to guess what he does on the weekends."

But that mostly only works for hairy dudes.

Posted by: jaboobie at November 7, 2007 11:18 AM

Mox-

Having been a tennant and as a current landlord this definitely seems to cross the line of reasonable, though as I live in the great state of so Texas I can't really comment on Cali laws. I would never do that to a tenant, though I can tell you from their perspective, that the first thing on their mind is getting it rented out so they aren't paying for it out of pocket.

Still, it crosses the line. Have you tried to "reason" with them. See if you can arrange a couple of different times through out the day that they can show it so there are one or two windows of opportunity for them allowing adequate planning for you?

Posted by: Scott at November 7, 2007 11:58 AM

the first thing on their mind is getting it rented out so they aren't paying for it out of pocket.

That's true, but sometimes landlords need to be reminded that their "out of pocket" payments during a brief vacancy between tenants do ultimately turn into equity, so it can't be that much of a hardship for them; and that a tenant's rent payment entitles them to some measure of being able to treat their place as their castle for their entire occupancy.

In my building, the landlord paints and re-carpets units after long-term tenants move out, and doesn't ding them for what is, after all, regular upkeep of the apartment. And once the tenants are out of the unit, the landlord can show the newly-refurbished and therefore nicer-looking place to his heart's content, and usually gets it rented in a matter of days.

Posted by: Alex at November 7, 2007 1:02 PM

So what are they gonna do if you deny them entry? Evict you? You're moving already, in a matter of weeks. They aren't going to spend the money to go to court for that, and you'd be long gone by the time they could get it there, anyway. And, if I understand correctly, you are buying your own place now, so you won't even need that landlord as a reference in the future. Seems like you hold all the cards.

Posted by: SteveT at November 8, 2007 6:51 AM

We used to fry up the foulest smelling messes possible, and play really loud music and not flush. Worked well.

Posted by: Kate at November 16, 2007 10:54 AM

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