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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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My landlord has continuously abused their rights from asking

Customer Question

My landlord has continuously abused their rights from asking to store their wine and did not disclose the AC was running 24/7 at my expense to asking to unlock the gate to access the backyard for their needs, asking to place our garbage bin at the front yard for their use, asking us to do things for them and wanted to increase our rent $500-600 dollars more. Informed them 6 mos ago that I will be moving out and they sabotage my opportunity to obtain a rental property so I could stay at their property with only $150 increase. In June, they have requested 8 times for different things for us at odd hours even requesting us to do things for them or showing up at our door and knocking when we don't respond since we were away for vacation. They even broke into the yard when we were supposed to be away to get something. Our lease ends in June 30 2018 and my landlord notified us they will be selling the house and need to complete improvement to repaint and repair home exterior, fencing etc. These are not emergency repairs but they wanted to inconvenience us in preparation to sell the house. Then to show the house to the potential buyers. What are our rights to the landlord to say no to these non-emergent repairs and can we limit showing the house during business hours only?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Livermore, California
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: 2 year lease ending in June 2018. The term is to notify us 45 days that they will be selling the property. The paint has some water stain and was already there prior to moving in. The fence is old but it is not an emergent issue.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know if we have the right to say no to these non-emergent upkeeps. And if we can have a statement of the landlord to limit their access to the property or showing the house to the potential buyers in January.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LandlordTenantAnswer replied 1 month ago.

Good evening. I certainly understand the situation and your concern. As a tenant, you do have a right to quiet enjoyment and that should not be disturbed by the landlord. If the landlord wants to sell the property, they can but when they want to show it, it needs to be during normal hours and by giving you at least a 24 hour notice to show it. Moreover, the work they want and need to do, can not interfere with the use and enjoyment of the rental. Unless these repairs are necessarily, they can not just come in and continue to do them and do the work, interfering with you use of the rental and creating noise and making a mess. You could object and refuse if it becomes unreasonable and sue, if they force you out by their actions and you need to vacate.

Expert:  LandlordTenantAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!