Landlord showing off propert while out of country (apartment, tenant, renter's insurance)
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Hey everyone, just wanted to get a little help with an issue I'm having with our landlord. I'm currently out of the country for about two weeks, and while checking my camera system at my rental I noticed my landlord entering the premises with two potential new renters. I gave my landlord a three month notice a little over a month and a half ago for when I move out at the end of October, and we agreed to show the place off after I returned from my two weeks out of the country and that he should not enter the premises within those two weeks so that my two cats would not escape.
After I noticed him on the web cams I recorded the video and texted him asking why he thinks it's okay to enter the premises without permission. He claims that he left me a voice mail, but I never received one. He then stated that he only needs to give me notice, he does not need my consent. According to CA law, where I rent, I think he needs to give me a written notice, but does that mean I have no choice but to consent? Especially while I'm out of the country, with no ability to even respond to that written permission?
I also have a video of one of the potential tenants going into my closet without his supervision, and he left one of the windows open, so now I'm worried that a burglar could enter the house by breaking the screen in the window, or one of my cats could get out while I'm gone, which is what I'm really worried about. Is there anything else I can do in this situation? It feels like my landlord seriously violated my privacy and lied to me about not entering the house. Thank you all for any help you can offer.
You cant do anything about it other than what you did, which was "hey, youre on camera, cut it out!" . Youre already planning to move out and getting out of whatever contract you may have, which would be your only recourse, moving without penalty because the landlord isnt respecting your right to quiet living.
You cant barr him from his own property, you cant call the cops because he isnt trespassing since he owns the deed. If a cat escapes youre only entitled to the original monetary value of the purchased cat. He's not harassing you, you aren't there.
I would make him aware of the fact that you werent prepared to show the apartment and a stranger went into a closet without his knowledge. There could potentially be anything in your closets. Looker beware. Other than that, theres not much you CAN do.
Thanks for your responses. I guess I should focus on the question of what rights do I have while I'm out of the country and he knows it? According to CA civil code 1954:
(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
So it sounds like he has to give me written notice, unlike the voice mail he says he sent me but never received, but how can he give me a written permission if I'm out of the country and unable to ever see it?
Unfortunately, there is no penalty connected to Section 1954 unless the landlord's purpose is to influence you to vacate by commiting a significant and intentional violation of that section. See 1940.2:
Alright, thank you very much for the quick responses. Very disappointed that it seems there's nothing I can do from letting strangers enter my rental while I'm gone. Is he at all responsible for any missing items or any thefts that might occur due to leaving a window open or letting potential renters into a closet or other area of the house? Again, thank you all for your help.
Is he at all responsible for any missing items or any thefts that might occur due to leaving a window open or letting potential renters into a closet or other area of the house?
Negligence law could hold him responsible for a loss that occurs as a result of his negligence.
The problem is proving it.
You'd be making assumptions without having any evidence.
Hey everyone, just wanted to get a little help with an issue I'm having with our landlord. I'm currently out of the country for about two weeks, and while checking my camera system at my rental I noticed my landlord entering the premises with two potential new renters. I gave my landlord a three month notice a little over a month and a half ago for when I move out at the end of October, and we agreed to show the place off after I returned from my two weeks out of the country and that he should not enter the premises within those two weeks so that my two cats would not escape.
After I noticed him on the web cams I recorded the video and texted him asking why he thinks it's okay to enter the premises without permission. He claims that he left me a voice mail, but I never received one. He then stated that he only needs to give me notice, he does not need my consent. According to CA law, where I rent, I think he needs to give me a written notice, but does that mean I have no choice but to consent? Especially while I'm out of the country, with no ability to even respond to that written permission?
I also have a video of one of the potential tenants going into my closet without his supervision, and he left one of the windows open, so now I'm worried that a burglar could enter the house by breaking the screen in the window, or one of my cats could get out while I'm gone, which is what I'm really worried about. Is there anything else I can do in this situation? It feels like my landlord seriously violated my privacy and lied to me about not entering the house. Thank you all for any help you can offer.
Yes it's wrong as he is not giving proper notice.
About the only thing you can do is call the police and say he is trespassing as he is entering without proper notice. I guess if you really want to start a crap storm you're within your right to do this
He has to give notice. Nothing says you have to receive it. Posting notice on your door is a legal notice. Not the landlord's problem if you don't see it there.
My suggestion is that you very politely call the landlord and tell him that your security camera showed someone going through your closet, so will he please watch applicants more closely, and will he please check that applicants don't leave any doors or windows open or unlatched.
If there is theft, your renter's insurance is who is responsible for reimbursing you.
Katie gave you good advice. Have the person who is taking care of the cats go over and close the window.
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