How can you keep landlord from entering rental property daily?

Question: I just rented a cottage on a lot that includes fruit trees in the backyard. I was looking forward to living here but the woman who owns the cottage is ruining my peace and quiet. She lives nearby and everyday, without any warning, goes into the yard to tend to the fruit trees. I feel that I cannot go out into the yard because she is hanging around so often, which means I have lost the use of the backyard for which I am paying. When I complained to her, she pointed out that my rental agreement allows her to enter the yard any time she feels it is necessary. Is there anything I can do to stop her?

Answer: California places very strict limits on a landlord’s right to enter rental property. These rules are found in Civil Code Section 1954 and apply to every part of the premises being rented, including yards, garages and storage areas.

A landlord can only enter the rental property for certain specific reasons, such as to make repairs or alterations, or to respond to an emergency. Even if the landlord has a purpose allowed by Section 1954, entry is only permitted upon 24 hours’ written notice and only during normal business hours.

Your landlord’s activity appears to be outside the scope of Section 1954. She is not giving you proper notice, and even if she was giving notice, she is not making repairs or engaging in any other activity permitted by this statute.

She is asserting that you agreed to allow her to tend the trees when you signed your rental agreement. That language would be considered a waiver of your rights under Section 1954. Even if you did sign an agreement with this waiver, it is not enforceable and does not permit the landlady to enter the backyard as she is doing. California Civil Code 1953 states that any written waiver of your rights under Section 1954 is void and unenforceable.

Of course, you and your landlady could voluntarily negotiate some ground rules that meet your need for privacy but still address her apparent desire to care for the trees.

Eichner is director of Housing Counseling Programs for Project Sentinel, a mediation service based in Sunnyvale, Calif. To submit a question, go to https://www.housing.org.