|
Unlawful Entry
Landlords often ignore the 24-hour notice. California Civil Code Section 1954 says a tenant has a right to privacy and peaceful occupancy, but this cannot actually prevent a nosy landlord from bothering the tenants.
Here is a step-by-step approach that usually works with a landlord who is violating your right to privacy.
Step 1: Talk to the landlord or manager about your concerns in a friendly but firm way. If you come to an understanding, follow up with a note to confirm it.
Step 2: If this doesn't work, or if your landlord doesn't follow the agreement that you have worked out, it's time for a tougher letter.
Click here for a sample letter.
Step 3: If, despite this letter, the invasions of your privacy continue, document them and either see a lawyer or take your landlord to small claims court. If the landlord enters your home without proper notice you can also call the police.
One difficulty with a lawsuit against a landlord guilty of trespass is that it is hard to prove much in the way of monetary damages. Assuming you can prove the trespass occurred, the judge will probably readily agree that you have been wronged and may order the landlord not to trespass, but s/he may award you very little money. However, if you can show a repeated pattern of trespass or even one clear example of outrageous conduct, you may be able to get a substantial recovery.
|
|
