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I have a tenant and I want to do some repairs to her

Customer Question
I have a tenant...

I have a tenant and I want to do some repairs to her apartment and she will not let me have entry to the apartment. What are my legal rights?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No lease, it is month to month. Yes, the flooring and minor repairs to the apartment.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to sell the house. It has a backhouse, like a mother-in-law quarters. I do not have a key to the back house.

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
12/12/2017
Lawyer: LandlordTenantAnswer, Attorney replied 4 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 30,970
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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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

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Lawyer: LandlordTenantAnswer, Attorney replied 4 months ago

Good morning. You would have a right to do this, as long as they do not interfere with the tenants use and enjoyment of the rental or their quiet enjoyment. If you want to sell, you can advise them of the same and tell them you need to perform these things and ask for a few days and times, that would work for her. If she refuses, you can advise you will have to terminate and end her tenancy and she will have to vacate, so if she does not want to cooperate you will give her the proper notice and she will need to leave or else you will evict her. Moreover, you should always have a key to your own property, as you may need to enter in case of an emergency or under the law, with the proper notice.

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Customer reply replied 4 months ago
I informed her that I wanted to sell the property and gave her the option to purchase. I have had several open houses and I gave her notice of the open house and she would not let us in to look at the house. How many days do I give her to evict her?
Customer reply replied 4 months ago
she has been in the back house for 5 years and does not want to leave. Can I do a 30 Day,, 60 Day or 120 Day eviction to her.
Lawyer: LandlordTenantAnswer, Attorney replied 4 months ago

To end the month to month tenancy, you would need to give her a 60 day notice, if she has lived there for over a year. However, if she is refusing to comply with the lease terms and allow access

the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:276

  • Failed to pay the rent.
  • Violated any provision of the lease or rental agreement.
  • Materially damaged the rental property ("committed waste").
  • Substantially interfered with other tenants ("committed a nuisance").
  • Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.
  • Used the rental property for an unlawful purpose.
  • Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
  • Using the building or property to conduct dogfighting or cockfighting.
  • Unlawful conduct involving weapons or ammunition
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Lawyer: LandlordTenantAnswer, Attorney replied 4 months 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!

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