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MISSVIRGO79 | Do I have to let my landlord enter my home to show to prospective tenants after he gives me a 30 day notice? |
I live in CA. My landlord (without reason or explanation) gave me a 30 day notice to move, I agreed to move out within 30 days. During the 30 days do I have to allow him to enter my unit to show to the prospective new tenants? This disturbs me because I already feel I was given the notice unfairly. There is no reason I should have to move. I pay on time and stay to myself. I just want to move in peace without being bothered by the landlord and his tenant search. |
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Trouble
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California law states that a landlord can terminate a month-to-month tenancy, without cause or reason, simply by giving the tenant 30 days' advance written notice.
California law states that a landlord can enter a rental unit to show the rental unit to prospective tenants.
The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit (generally, 24 hours is acceptable), 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.
However, advance written notice is not required under the following circumstances:
The tenant is present and consents to the entry at the time of entry.
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.
Leave the notice at the rental unit with a person of suitable age and discretion.
Leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found.
Mail the notice to the tenant. |
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Jeremy S
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Assuming you dont have a lease that stretches longer than 30 days from now--Your landlord is being reasonable by giving you 30 days--he does not need to give you his reason or explanation. If you DO have a lease that stretches longer, then you may have a case, but I'm assuming you're on month to month rental agreement since you didnt' mention a lease.
He is also allowed to show the apartment. He has a right to market and rent out the unit he owns. By law the landlord should give you 'reasonable notice' each time he visits. But 'reasonable' can be loosely interpreted, if he has proper cause. Remember: this is *his* place.
from Nolo: "Typically, a landlord has the right to enter rented premises after giving tenants reasonable notice in order to make needed repairs (or assess the need for them) and to show the property to prospective new tenants or purchasers."
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cusefan
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While it is unfortunate that you are being asked to leave for no cause, that is generally allowed as long as there is no lease in place or the term of the lease has expired. A landlord does not have to provide a reason for asking tenant to vacate an apartment as long as the 30 day notice is given.
That said, the landlord must be allowed to show his property to prospective tenants, provided he gives you reasonable notice (probably 24 hours).
I hope this helps, and good luck apartment hunting! |
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Andrea J
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If you signed a lease, check the terms of the lease. However, I believe that since he gave you the 30 days' notice he does have the right to show your unit to prospective tenants. |
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goz1111
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Yes you must allow the landlord to show the unit with reasonable notice to show, failure to do so does equate to a lease violation, but hold them to reasonable notice
Also since you are in CA, before you move out request a walk through, which is allowed by CA law, that way it will give you time to cure any problems the landlord has with the rental to ensure you get back your full security deposit
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moviebuff
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Most landlords do not evict people who are quiet, pay their rent on time and do not bother the neighbors. I would find out why you are being evicted, because you will have to give your next landlord references of past rental experiences and this might be a problem. But yes landords can show your rental unit |
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Mr Placid
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Yes, he is allowed to enter for purposes of showing the unit to a prospective tenant.
But, entry may me made only during normal business hours, and "reasonable" notice must be given to the current tenant. The law says 24 hours notice is "reasonable."
See Cal. Civil Code section 1954.
Oh, and unless you reside in a rent-controlled jurisdiction (parts of Los Angeles, Santa Monica, San Fran, a few other places), landlord is not required to provide an explanation prior to serving a 30 day notice. |
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Classy Granny
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Sorry..Yes you do, but he has to give you 24 hours notice. |
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estielmo
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Law says 30 days notice is enough. If you want to stay, ask the landlord what the terms of you staying are. He does NOT have to accomodate you and I agree that I wouldn't give a reason either, if you were m2m.
You do have to reasonably accomodate him showing the place. |
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Debra G
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First of all, no landlord in their right mind would give a good paying tenant a 30 day notice. If it was for renovation, maybe...but I would probably just wait until you moved out to do anything, because I wouldn't want to lose you as a tenant. In any case, if it is stated in your lease, that the landlord has a right to show the apartment to prospective tenants with a 24-hour notice, then he has a right to do that, BUT...he has to give you notice. If he doesn't give you notice, and just comes to your door and wants to enter, you do not have to let him enter. |
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schwildcat1977
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YES, he is with in his rights to show the property, but he must give you 24 hrs notice.
Were you in a lease or on a month to month? Because there are very few ways giving a 30 day notice with no reason is legal. Read up on your rights so you don't get screwed again. |
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Ed Atun
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He has the right to enter after giving you 48 hour written notice for every visit. He knows this. You can demand it. Sometimes you just grit your teeth and let him in. Only you can decide. |
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lolly
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Yes, with whatever the proper notice is in your state (in mine, it's 48 hours in writing) you must let him in. He did not treat you unfairly by not renewing your lease. It is his property, and you have no right or say what happens to someone else's property.
If you're lived there a while, and he plans on renting it out without fixing it up inbetween, he does not sound like such a great landlord. But that's the next persons problem. |
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hensen
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Depends on what your lease states, the lease I use only allows me to display a sign in the yard or on the house within 30 days of end of lease, and only to enter to check the condition of the property and make repairs. |
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