Manager Barges Into Unit Without Notice

QUESTION: I rent an apartment in Encino that is managed by a Tarzana property management company. Although it is a fairly small building, only 15 units, we do have an on-site manager, who deals with the day-to-day management tasks.

I have repeatedly asked the apartment manager not to enter my apartment for any reason (short of a natural disaster) without giving me a 24-hour notice, as I believe the law reads. I have explained to her that tenants have rights too, but my pleas have fallen on deaf ears.

Trying to contact anyone of significance at the property management company has not been successful. Am I right about the law granting me a 24-hour notice of the manager/landlord’s right to enter my apartment? Do I have any recourse other than to move? What are my rights?

ANSWER: According to California Civil Code Section 1954, “A landlord my enter the dwelling unit only in the following cases:

(a) In case of emergency.

(b) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgages, tenants, workmen or contractors.

(c) When the tenant has abandoned or surrendered the premises.

(d) Pursuant to court order.”

The law also says that except in cases of emergency, abandonment or when the tenant surrenders possession of the premises to the landlord, the landlord must only enter “during normal business hours unless the tenant consents at the time of entry.”

If you have been at home in the past when the manager has entered, and you gave her permission to do so, you could refuse her entry when she comes calling in the future and hasn’t properly notified you of her intent to enter. (According to the code, “Twenty-four hours shall be presumed to be reasonable notice in the absence of evidence to the contrary.”)

While the code says: “The landlord shall not abuse the right of access to harass the tenant,” it does not provide specific penalties for a landlord’s illegal entry. Those would be determined by a court in a legal action, and they would depend on the circumstances.

For instance, if the manager walked in on you in the heat of passion, that would probably be worth more than if he entered and you were playing a game of Monopoly.

If all else fails, you could also attempt to get a restraining order to prevent the landlord from unreasonably entering your premises. That, too, requires a court order.

May Tenant Change Locks in Rental?

Q: I own a single-family home in Los Angeles that I rent out. My renter recently changed all the locks. She said: “No one is going to get a key.”

Is there a law? Do I have the right to a key in the case of an emergency? I would appreciate knowing my rights in this situation.

A: While there is no law guaranteeing you the right to a key, most leases and rental agreements prohibit renters from making alterations to the premises without the owners consent. Some, like the rental agreements and leases of the Apartment Assn. of Greater Los Angeles, have language like the following:

“In order to facilitate Owner’s right of access, Tenants shall not, without Owner’s prior written consent, alter or rekey any locks to the premises. At all times Owner or Owner’s agent shall be provided with key or keys capable of unlocking all such locks and gaining entry.”

In these circumstances, the tenant who changes a lock without permission is in violation of his lease rental agreement. As such, if he doesn’t provide you with keys, or restores the locks to their original condition, he probably can be evicted. You must first serve the tenant with a Three-Day Notice To Perform (Covenant) Or Quit.

Check your lease agreement, if you have one, for similar language. If you do, you’re in good shape. If not, you can inform the tenant that he will be responsible for any damages arising as the result of an emergency, like a flood or fire, for which you would need the keys. As always, do it in writing.

Tenant Deducted Bills From Rent

Q: My landlord has always been very cooperative in the past with any problems I’ve had with my Sherman Oaks apartment. Now, though, I have a problem. I have not gotten a response on a bill I gave to him two months ago in person.

The bill was for shelving in the closet and the delivery of a refrigerator. He said, for both items, “Just send me the bill and I will send you a check.” After not receiving a check or return phone call after two attempts, I deducted the $33 to pay the bills from my $595 rent check.

The rent check was cashed and the landlord has not contacted me since. Does this mean that everything is settled, or am I still responsible for the $33?

A: Since your landlord has always been reasonable in the past, there’s no reason to think that he will act any differently in this situation. The mere act of his cashing the rent check does not necessarily mean that everything is settled, although it probably is.