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Old 01-11-2012, 08:16 PM
 
15,628 posts, read 20,745,172 times
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Quote:
Originally Posted by chipewa View Post
I have a landlord who does the yardwork for our rental home. Does he need to give 24 hours notice before showing up to do yardwork? We rent a single family home on a city lot. There is also a separate garage on the alley behind the house we are renting that he uses to store tools. Does he need to give notice to access his garage? It does not specify in the lease anything about the separate garage that he uses. The lease does say that the landlord will take care of the yardwork. Landlord usually comes by once a month to do yardwork on Friday or Saturday. I know CA law says landlord must give 24hrs notice to enter rental unit for maintenance, but I don't know if that applys to yard. Also I don't know how the situation with the separate garage should be handled. He wants us to sign a new lease and I don't want to sign if these issues aren't clarified. Thanks
Wow....how would you react if an outside contractor would come by unannounced for yard work? An owner who is so nice to take of it and now you want 24 hr notice?

If it is bothering you than offer to do it yourself and you don't have to worry, but I know many people would like an owner like that...

The only time it should be an issue if the owner starts mowing on Saturday at. 7 amor in the evening when you ant to sit in the yard...

24 hr notice is for repairs or inspections that ar not requested by you.
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Old 01-12-2012, 05:54 PM
 
Location: Austin, TX
14,401 posts, read 20,713,263 times
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Texas, where I live, requires no specific notice, unless written into the lease. However, recognizing that my tenants privacy is important to them, I included the following in my lease for a SF home.

Quote:
The Landlord will provide the tenant with 12 hours advanced notice prior to the planned entry for the purposes described below. Advanced notice may be given by telephone call, voice mail message or written notice posted on the front door. The landlord may enter the residence with advanced notice for the following purposes:

- To perform repair, maintenance or improvements;
- To show the property for lease or sale;

The landlord may enter the residence without advanced notice for the following purposes:

To make repairs or improvements requested by the tenant;
If there is reason to believe that there is an emergency inside the property;
For the purpose of posting a legal notice to the tenant;

The landlord may enter the property grounds and garage without advanced notice for the following purposes;

To perform and/or monitor repairs and/or maintenance to the exterior of the structure;
To perform and/or monitor landscaping services to the grounds;
To adjust and regulate the landscape sprinkler control box in the garage;
To replace the air filter in the HVAC equipment in the garage;
Regardless, I usually call in advance and always knock on the front door and let the tenant know I'm there to perform one of those actions, so there are no surprises.
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Old 01-12-2012, 06:56 PM
 
Location: southwest TN
6,702 posts, read 7,304,781 times
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If you want notice of the landlord's intentions to mow/landscape, then you need to negotiate that. You can offer to do it yourselves according to the LL's requirements/standards, or you can offer to increase the rent to accommodate the LL's inconvenience in having to schedule. As for the garage, a separate building, if you are not renting it, then you have no say, IMO.

Sounds like you thought you were renting the whole shebang and want privacy in and out without doing any of the work.
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Old 01-15-2012, 12:03 AM
 
Location: Wyoming
3,545 posts, read 3,173,964 times
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I wouldn't worry about your landlord doing this unless he is coming at odd hours and peeking into your windows or vandalizing your house. I think the 24 hour law only applies to entering the house itself.
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Old 01-26-2012, 12:06 AM
 
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It is nice that the LL takes care of the property. The main issue I have is PRIVACY. He sometimes shows up on Saturday morning at 7:30am and just drives right up behind the house and goes into his garage. I am just wondering what the California renters laws are regarding LL entry to rental unit yard. He is actually pretty respectful but I am wondering how to ask him to give us 24hrs notice without him feeling like I am being pushy. He mentioned having us sign a new lease, so I want to make sure we are both clear on what eachothers rights are. As far a I understand it, LL cannnot enter the house just to make an "Inspection" unless the tenant gives him permission. The tenant can say 'NO' if they do not want the landlord to come in the house just to inspect. The landlord cannot specify in a lease that he can come into the house for inspections in CALIFORNIA because that is against the law. Just because something is put into a lease does not mean that it is legal.

The other issue I have is that the LL's seperate garage uses electricity and water from the house we are renting and there is nothing mentioned in the lease about the seperate garage. Right now the garage is used by the LL for storage, but what if he decided to use it as workshop and was out there more often. I guess I need to have him specify in the lease things about the garage. Since the garage runs off my power bill then I don't want the LL out there using up lots of electricity with power tools and making noise all day.
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Old 01-26-2012, 12:12 AM
 
14,029 posts, read 25,855,451 times
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Quote:
Originally Posted by chipewa View Post
It is nice that the LL takes care of the property. The main issue I have is PRIVACY. He sometimes shows up on Saturday morning at 7:30am and just drives right up behind the house and goes into his garage. I am just wondering what the California renters laws are regarding LL entry to rental unit yard. He is actually pretty respectful but I am wondering how to ask him to give us 24hrs notice without him feeling like I am being pushy. He mentioned having us sign a new lease, so I want to make sure we are both clear on what eachothers rights are. As far a I understand it, LL cannnot enter the house just to make an "Inspection" unless the tenant gives him permission. The tenant can say 'NO' if they do not want the landlord to come in the house just to inspect. The landlord cannot specify in a lease that he can come into the house for inspections in CALIFORNIA because that is against the law. Just because something is put into a lease does not mean that it is legal.
Not my understanding at all... then, I'm not a California Lawyer.

The California Association of Realtors provides Rental Agreements that are constantly being updated every time a new regulation takes effect.

The most recent copy I have has a provision for the to enter the property with notice to inspect, show perspective buyers, insurance, etc...

To be on the safe side... the only legal opinion I would rely on is that from a Lawyer specializing in Tenant/Landlord Law in my employ...

You probably have a point as to Utility Usage... I ended up installing a separate utility meter just for the garage and one yard light because the tenant objected to a rent credit for power at a property I bought... the lease specifically stated the detached garage was not included... it was silent as to power...

So, to eliminate any potential problems... I paid $800 at the time for a separate service... ironically the electric usage has NEVER been more than a $1 a month for the last 10 years... I had offered the tenant a $20 monthly discount for being able to use the one light and outlet...

Right from the California Department of Consumer Affairs...

WHEN CAN THE LANDLORD ENTER THE RENTAL UNIT?

California law states that a landlord can enter a rental unit only for the following reasons:

In an emergency.

When the tenant has moved out or has abandoned the rental unit.

To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.

To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy (see Initial Inspection sidebar).

If a court order permits the landlord to enter.116

If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements.117

The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry. 118 However, advance written notice is not required under any of the following circumstances:
To respond to an emergency.
The tenant has moved out or has abandoned the rental unit.
The tenant is present and consents to the entry at the time of entry.
The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.119

The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. The landlord or agent may:
Personally deliver the notice to the tenant; or
Leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant's household); or
Leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found; or
Mail the notice to the tenant.120

The law considers 24 hours' advance written notice to be reasonable in most situations.

If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations.121 The tenant can consent to shorter notice and to entry at times other than during normal business hours.

Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord's agent may give the tenant notice orally, either in person or by telephone. The law considers 24 hours' notice to be reasonable in most situations. However, before oral notice can be given, the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it. This written notice must be given to the tenant within 120 days of the oral notice. The oral notice must state the date, approximate time and purpose of entry.122 The landlord or agent may enter only during normal business hours, unless the tenant consents to entry at a different time123 When the landlord or agent enters the rental, he or she must leave written evidence of entry, such as a business card.124

Last edited by Ultrarunner; 01-26-2012 at 12:28 AM..
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