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Did the landlord's workers trespass or enter illegally or improperly to replace my broken window from the outside, opening and closing and locking two window and leaving evidence of broken window blinds on my room floor inside?
Without prior notice of 24 hrs (done repeatedly by LL) and after we had to get an attorney against our slumlord with 24 city code violations he repeatedly fails to fix or fix properly causing worse damage!, the landlord had two non English speaking workers go through another tenants room when they were fixing the damage done as mentioned above, in order to get to the back yard, then erect a 25 foot ladder to my window, and take out my window from the outside by banging out part of the frame, all above my computer, printer and private papers. I was horrified. It seemed illegal invasion.
Is this considered a tresspass in CA? Is it illegal entry?
The police said they didn't think it wasn't for the intent of robbing or harming me, but to get paid to replace the broken window anyway they could/ or landlord ordered since he had not asked for permission or given notice. But who knows if they see money laying out? The landlord is no where he can see them once they break the barrier into my apartment.
The police said the definition of "entry" was up to the city Rent Board, but the RB told me it was up to a Judge.
What do I do: I call up a judge and ask him/her? I get and pay for an attorney after a violation and a case and wait two years for an answer? What no precedents?
What about "trespassing" as opposed to "breaking and entering." For the latter, the police said that was a matter of intent. They didn't think the workers might rob me etc, but were there to take out the window (and get paid less than by cheap LL since they aren't bonded or licensed, drove a sedan.)
I got photos of their license plate number and 2 men at my window, but the police said it was a civil matter. I told them they still have my bedroom window over my bed to do still and I am in fear.
The police added, call next time while it is in progress (I called my attorney instead) for them to investigate.
Next, the front door needs fixing. Will they remove it and leave it off while awaiting a new part to arrive two weeks from now-- and leave me, a senior, disabled, vulnerable for robbery and assault etc. because no one will say what "entry" means?
Is it crossing a boundary? Say, reaching through an opened window?
Removing a boundary (window, door)? And then accessing in anyway. With or without taking anything? Plus how long to find out you are missing something?
Without 24 hr notice as required for landlords unless emergency which this wasn't . The window was broken when we moved in over 7 years ago and he promised to fix and never did until the Code Inspector enforced it.
Is it taking out a window or door a means to gain access? For the landlord, workers, strangers? Puts you at risk.
And with no notice to protect or provide back up measures? Or hire a security guard? (who he should pay for.)
Last edited by ccatabbit; 11-07-2011 at 04:58 PM..
Reason: important clarification up front re: legal
... The police added, call next time while it is in progress (I called my attorney instead) for them to investigate...
Contributors on this forum can hypothesize until the cows come home about what might or might not happen in your particular case. If you haven't read your state landlord tenant laws pertaining to entry and repairs (to make sure you've addressed everything properly) you should do that. Since you have an attorney your best bet is to consult with him/her as often a properly worded letter can do the trick without resorting to a lawsuit. Good luck.
Here is my questions.....I am the landlord to a single family home rental...rencently had to make some repairs on the back porch and while there I parked the truck on the grass to unload the materials.....while there I also picke dup trash and raked leaves as the tenants neglect to keep the property neat. Because the property is in a very nice neighborhood I like to keep it clean and neat so I do it most of the time.
Tenant had notified me of the problem with the porch and I had agreed to fix it, however when I did tenants complaint that I should have given them notice so they could prepare.....was I not given the goahead to do the work previously and why did I have to nptify again?....please explain what my responsibilities are as a landlord to notify my tenants when I need to go and do exterior maintenant. We do not have a lease and the tenancy is on a month to month basis....thank you
Here is my questions.....I am the landlord to a single family home rental...rencently had to make some repairs on the back porch and while there I parked the truck on the grass to unload the materials.....while there I also picke dup trash and raked leaves as the tenants neglect to keep the property neat. Because the property is in a very nice neighborhood I like to keep it clean and neat so I do it most of the time.
Tenant had notified me of the problem with the porch and I had agreed to fix it, however when I did tenants complaint that I should have given them notice so they could prepare.....was I not given the goahead to do the work previously and why did I have to nptify again?....please explain what my responsibilities are as a landlord to notify my tenants when I need to go and do exterior maintenant. We do not have a lease and the tenancy is on a month to month basis....thank you
Your tenant seems to be making rather a mountain over a molehill but, in future, give your tenant 24 hours notice when you plan on going over there to do any kind of maintenance whether requested or not. Even on a month to month you can have written specifications about what's required of the tenant. For instance, you don't like the way they keep the yard but if you had it written into an agreement, all would be clear to both parties.
Crikey, that was difficult to read. Ever hear about paragraphs?
If a couple of units are sharing that backyard, then it is a common area, and no, you don't get any notice. You should receive a notice for non-emergency entry into your house. You don't get notice for entry into common areas.
I garden and if I leave plants outside with no protection when i am going to be away from home, i am taking my chances. I think your landlord is being too generous to offer to pay for your sunflowers.
Evelina, there is legal and then there is nice manners.
If tenant has requested a repair, you do not technically have to give them 24 hour notice, but it is polite to do so and it pays to keep relations with tenants as cordial as possible.
Crikey, that was difficult to read. Ever hear about paragraphs?
If a couple of units are sharing that backyard, then it is a common area, and no, you don't get any notice. You should receive a notice for non-emergency entry into your house. You don't get notice for entry into common areas.
I garden and if I leave plants outside with no protection when i am going to be away from home, i am taking my chances. I think your landlord is being too generous to offer to pay for your sunflowers.
You're confusing the original post with the tag-on post authored by poster evelina.
Quote:
Originally Posted by oregonwoodsmoke
Evelina, there is legal and then there is nice manners.
If tenant has requested a repair, you do not technically have to give them 24 hour notice, but it is polite to do so and it pays to keep relations with tenants as cordial as possible.
You're incorrect. The majority of state landlord tenant laws mandate that a LL gives 24 hour notice of any entry to a leased space EXCEPT in the case of emergency. The tenant in this case advised of a non-emergent issue which needed to be addressed and the LL in turn should have let the tenant know with due notice when he would be there to fix it. It's not a big deal, just common sense.
I have a question on this subject. I live in a single dwelling home in California with a fenced backyard.We( the renters) take care of yard and pool maintenance. It states in my rental agreement that the landlord must give me 24 hour notice before entering the property unless there is an emergency. I rent straight from the owner. No rental company involved. I have lived here nearly 3 years. The owner recently put the house on the market. I have paperwork( written by owner) that states the realtor must give me at least 1 hour notice before showing the property and that it must be with my permission. There is no lockbox on the door. I have never refused entry, even when not given proper notice, as I try to maintain good communication and respect on both sides. I recently woke up 2 separate mornings to the landlord in the backyard fixing the fence. One of those on a Saturday. This is not an emergency. It is strictly to make the house more appealing to potential buyers. Does the rental agreement not apply to the backyard? Or does it just go out the window if the home is on the market? I feel my privacy is very invaded when I am roused awake by someone telling me there are people in the backyard.The landlord gave me 24 notice before entering prior to deciding to list the house. Since then, I get texts from them often requesting to come over right away to enter the house and no notice whatsoever upon entering the backyard. I would like to handle this amicably as I do not wish to move unless the house sells but I'm feeling I'll get no privacy while I'm still here.
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