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vz2kidz | We lease a home, can the owner enter the house after giving notice even if we are not home? |
it's a holiday weekend, owner of home is passing through town and wants to see her house. we (the tenants) will not be home. does she have the legal right to enter the home while we are not home?
Additional Details
We are in California,does landlord have the right to enter home with giving notice, but we are not home? What if something happens to our belongings while landlord is in home? Can we request the landlord not enter while we are not here? |
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Marie G
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Unfortunately yes. If she gave the proper notice (check your lease) she can enter to inspect. Some leases say anywhere from 24 hours notice to 3 days notice. If it's an emergency, fire, gas leak, she doesn't have to give any notice.
*****UPDATE***** All this debate, I looked up the law. Your ONLY out is the law states the landlord can only enter during normal business hours. So if you don’t think this will cause you more harm in the long run, you do have an out for this weekend. Here is the link to California’s civil code 1954
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1 |
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abacaxitoo
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With notice, the landlord can enter without your permission, and can even evict you if you refuse entry.
Look at the California Residential Landlord/Tenant laws and it's in there. |
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Comerwebs
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Depends where you live, but in most states as long as she gives you notice, yes she can |
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reenzz
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Yes, it's her legal right to inspect the home with notice. You not being home is irrelevant. |
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Patrick
 |
Yes, the landlord provided proper notice. Once proper notice is given he/she has the right to enter. Another answerer state they cannot interfere with the quiet enjoyment of the tenant. This is true. A one time inspection while the landlord is passing through the city is not violating the quiet enjoyment of the property. Inspecting the house every Saturday at 11am is a violation of the quiet enjoyment of the tenant. A weekly inspection you could easily refuse with no repercussions.
If you cannot be there, I suggest you arrange for a trusted 3rd party to be there while the landlord inspects the property. This could be a relative or close friend. Just let the landlord know that you are going to have the person there while they enter the property so that the landlord doesn't think you have someone living at the property that isn't on the lease.
Good Luck! |
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Mr Placid
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Marie G cited the right statute, but didn't read it all the way through.
A landlord may enter only if there is an emergency, to make necessary repairs, to show the property to prospective tenants, etc. A landlord cannot enter just for the hell of it. There must be a legitimate reason.
Tell the landlady that you would prefer for her to wait until you are home before entering the house. |
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riddletruckergirl
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I agree with answer number one |
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Mike M
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No. |
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titoalbanaples
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Should be wording in your contract that addresses this issue. |
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ZacAttac
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if the house is in his name he can enter anytime he likes. but i would suggest asking an attorney. do a search for local attorneys in your area by google.com and get a phone number, if you call and ask they will tell you over the phone. but make sure you know who's name is on the house as rightful owner. if it's in his name then it would be similar to renting i believe, but i could be very wrong. that doesn't mean that i agree with this, or that it's right. it just means that the laws our government have made for us are very stupid. my friend's 82 yr. old grandpa was robbed 4 times at his house, and the last time he shot them, killed two and injured two and they got away. they got lawyers and went after him, he's serving 3 life sentences for two counts of murder and two counts of attempted murder. who do the laws really protect? good luck hon. |
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open4one
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Once the tenant takes possession, the landlord has no right to enter, except in emergencies (burst water pipes), to have repairs done by a third party (you can't expect them to fit your schedule to fix a problem), or to show the property at reasonable times once you've given notice to move.
If he enters without your permission, he has violated the Covenant of Quiet Enjoyment, regardless of whether you are there or not. Tell him no, quite firmly, and that you don't want to find out later that he entered in your absence. |
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