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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My landlord sent me a text message at 10:30am today to

Customer Question

My landlord sent me a text message at 10:30am today to notify me that she needed to come in to the home I am renting from her to take pictures. I asked if she could come at 9am instead because I have an appointment at 10:30am and need to leave my house at 9:30am. I also stated that I wish to be present when she comes in to my residence. She is being very uncooperative and unreasonable, insisting that she will not be there until 9:30am. I politely asked her to please comply with the landlord access rules stated on the California Dept of Consumer Affairs website, and issue me a WRITTEN notice. She refuses to cooperate with me and is threatening to call a locksmith and have me locked out. I recently gave her my 30 day notice and I can't help but feel that this is an effort for her to retaliate against me. I need to know what my legal rights are in this particular situation.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn about your problems with your landlord.

  • A text message is written notice. (It may be informal, but it is written notice).
  • She has given you 24 hours notice, that is all that is required. You do not have a right to be present when the landlord is exercising their right of entry, although it is preferable for landlords to cooperate with tenants' reasonable requests when possible.
  • She cannot lock you out (changing the locks is an "illegal eviction" if she actually does this you can sue her in small claims court and she will owe you money damages).