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I need some advice concerning tenants laws. CA. Just talking…

Customer Question
Hello, I need some...

Hello, I need some advice concerning tenants laws

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

CA

Lawyer's Assistant: What steps have you taken so far?

Just talking to the landlord

Submitted: 23 days ago.Category: Legal
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Answered in 5 minutes by:
3/27/2018
Lawyer: Nisha Jones,
 replied 23 days ago
Nisha Jones
Category: Legal
Satisfied Customers: 2,597
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 23 days ago

I've reviewed your question and I'm happy to help.

Can you tell me a bit more about your situation and your particular legal question? Thanks!

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Customer reply replied 23 days ago
Hi, I am having problems with my landlord, specifically the property manager.
Customer reply replied 23 days ago
They are remodeling and left me without a kitchen for a week with no compensation, threw away my property, come in my house unannounced, and last night threatening to evict me after my dog ran up to him barking.
Lawyer: Nisha Jones,
 replied 23 days ago

I'm sorry to hear that.

Did you agree to the remodel? Was any sort of rent deduction negotiated in advance?

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Customer reply replied 23 days ago
I didnt have a chance to agree to remodel. They just said they were doing it. And when I asked about compensation for not having a ktichen they told me that they would have to raise my rent if they compensated me.
Lawyer: Nisha Jones,
 replied 23 days ago

I'm sorry to hear that. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 23 days ago
Okay thanks
Lawyer: Nisha Jones,
 replied 23 days ago

Under California Civil Code section 1954 once your lease has begun and you have taken possession of the rental unit, your landlord can enter to:

(1) do repairs that are necessary or requested by you

(2) if there is an emergency

(3) if they believe that the unit is abandoned

(4) to show the property to prospective buyers (if adequate notice has been given to you), OR

(5) with a court order.

Your landlord cannot enter your apartment to conduct remodeling if you have not expressly consented.

In addition, your landlord cannot enter your unit without first providing 24 hours notice.

If he does so, without giving proper notice, then he has violated your privacy rights and constructively deprived you of possession of your rental.

This means that he has breached the lease, and under the law you would have no further obligations to adhere to the lease, and could move out without incurring an early termination fee.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 23 days ago
Thanks, ***** ***** have to have in writing that he entered without my knowledge? Also, can I redeem the cost of property he threw away?
Customer reply replied 23 days ago
Is it illegal to not offer me compensation when I don;t have a kitchen for a week?
Lawyer: Nisha Jones,
 replied 23 days ago

It's not illegal to not offer you compensation, but it is illegal to enter your apartment and begin renovations without your consent.

You could potentially file a claim in small claims court to:

  • recover the value of the items he threw away
  • recover your moving costs for having to move due to his breach of the lease

Yes, it would be good to put something in writing -- your reason for leaving the rental unit due to his breach of your privacy rights by continuously entering the apartment without giving you any notice, and by conducting remodeling without first obtaining consent -- and deliver it to your landlord. This is just for your legal protection in the event he attempts a civil suit for a breach of the lease.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 23 days ago
I have one more question- they TOLD me they were doing a remodel. Is that the same as asking for consent?
Lawyer: Nisha Jones,
 replied 23 days ago

No, the landlord needs consent from you to remodel.

Forcible entry is not consent.

I hope that helps!

Don't forget to rate, thanks!

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Customer reply replied 23 days ago
I knew they were remodeling and was fine. What I wasn't fine with was that they entered the property without consent when I was home alone and placed things downstairs. I did not even realize they had been in my home until later. And I thought it was the law to offer compensation when the kitchen is unusable. It was unusable for a week.
Lawyer: Nisha Jones,
 replied 23 days ago

It is a violation of your privacy rights, and a breach of your lease, that he entered your apartment without giving you 24 hours notice.

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Customer reply replied 23 days ago
leaving kitchen unusable for a week?
Lawyer: Nisha Jones,
 replied 23 days ago

When it comes to remodeling, your landlord does have to compensate you if the remodel requires you to move out of the apartment temporarily.

However, if you two did not negotiate some type of compensation or rent deduction for the remodel in advance, unfortunately no, the law does not mandate that he compensate you.

I'm sorry to not have better news for you as far as that goes, but I hope that helps!

Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 23 days ago
Okay
I hear that
When I brought it up, because I wouldn't have a kitchen and couldn't feed my family, they said they would have to raise my rent. So I let it go. I think thats illegal.
Lawyer: Nisha Jones,
 replied 23 days ago

Yes, he would not have been able to raise your rent because you have a signed lease contract stipulating what your rent will be during your lease term.

That is a legally binding contract and he is prohibited from making an increase in rent.

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Customer reply replied 23 days ago
I am month to month
Lawyer: Nisha Jones,
 replied 23 days ago

In that case yes, he may have been able to raise the rent at some point, if he provided you adequate notice of the rent increase due to the increased value of the property from the remodel.

However no, he should not refuse a credit to your rent for the lack of use of your kitchen on this basis.

Unfortunately there isn't much recourse for you, aside from potentially suing in small claims court for a week's worth of rent.

You would ultimately have to decide whether that monetary amount would be worth the time, effort, and costs of filing the small claims suit.

I hope that helps!

Please remember to leave a positive rating for me before leaving, 5 stars are always appreciated, thanks!

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Lawyer: Nisha Jones,
 replied 22 days ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Customer reply replied 22 days ago
I actually do have a question, what can I do about the yelling and threatening on my property
Lawyer: Nisha Jones,
 replied 22 days ago

Can you tell me a little more about the situation, is your landlord yelling at and threatening you?

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Lawyer: Nisha Jones,
 replied 22 days ago

What kind of threats are being made?

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Lawyer: Nisha Jones,
 replied 22 days ago

Actually this is a substantively new question that should be posted in a new question thread, in accordance with JustAnswer site policies (which I have to abide by as well since I'm also a site user like yourself).

I'd be happy to help personally, you can request me by adding "For Nisha" to the first part of your question.

Please also take a moment to leave a positive rating on this page for our previous questions, so that I can be credited by the site for my time and help with your questions. Thanks!

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Customer reply replied 22 days ago
It was part of the original question I posted...
Lawyer: Nisha Jones,
 replied 22 days ago

What exactly is the current situation with regards ***** ***** yelling and threatening?

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Customer reply replied 22 days ago
On Monday night my dog ran up to him barking and he turned around and starting screaming, using profanity, threatening to evict us. In front of my children. This was on my lawn, after business hours when he was no longer supposed to be there.
Lawyer: Nisha Jones,
 replied 22 days ago

I'm sorry to hear that happened.

It doesn't appear that any criminal laws were violated here, but again, it does go back to the issue of a breach of your privacy rights, and therefore a breach of your lease, that your landlord was again entering the premises without giving you 24 hours notice.

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Lawyer: Nisha Jones,
 replied 22 days ago

I hope that helps!

Don't forget to rate, thanks!

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