Does the tenant have to right to refuse me entry to make repairs and upgrades? : ezLandlordForms

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Christina M

started a topic almost 12 years ago

My tenant of a home I own is moving out, and we are wanting to make upgrades and fixes to the unit such as repairing cracks in the ceiling and updating electrical outlets for safety reasons before the new tenants move in. Our lease only states that we are to give her 2 days notice to enter her unit in the instance of making repairs, but she is claiming that she has the right to refuse us entry because they are not "emergency" fixes. Who is correct in this instance? Can we still enter her home to make necessary and some cosmetic upgrades as we wish? We have given her 11 days notice of when we would be entering to make said changes.

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Bob R

said almost 12 years ago

I’m not sure if she has the right to refuse or not, but I believe it’s a fine line considering there is no emergency. Using outlets as a safety reason is a bit late, don’t you think? If outlets were an issue, it should have been taken care of when she moved in. If she took the matter to court, I believe the court would side with tenant. Put yourself in her place. How would you feel? My suggestion is to wait until she moves. The work you describe should take no more than 1 day. Another option is to schedule a time with the new tenants if you have new tenants moving in right away. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

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Christina M

said almost 12 years ago

Thank you Bob for your response, I can absolutely understand that she doesn't want this going on when she is about to move, however there are many other nuances to this situation that we have conceded to her on, and the only thing we are asking is allowing us to make repairs to the unit as there is only 1 day prior to her moving out and the new tenant moving in, and we must also do other minor repairs/cleaning. We did ask to make these happen in 1 day, however after much back and forth she requested they be done in 2 days. When we scheduled for the two days she said we could do the repairs, she then came back again giving us another date range that she preferred. Again we moved the date, and she came back with us yet again to recant and say she would refuse us entry. I'm looking for a more clear understand of what rights I have as a landlord to make repairs to my own property as I see fit, not only for this instance but for future reference as well. I did look up CA landlord tenant laws, most of which deal with the landlord not making repairs when requested by the tenant, rather than the other way around. Nothing states that she can refuse to allow us to enter the property, which is what I would ideally like clarification on, or if anyone has been in a similar situation.

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Bob R

said almost 12 years ago

A lot has to do with your contract. It should state that the landlord may enter property to do repairs and upgrade provided landlord gives proper notice per California Civil Code Section 1954. If it’s a difficult tenant, you may have to send tenant certified/return receipt letter for improvements……You should have gotten something in writing. If she’s not willing to let you in, there isn’t much you can do until she moves…As mentioned earlier, I would talk with the new tenants. The law is pretty clear….…California Civil Code Section 1954………The landlord may not abuse the right of access or use it to harass the tenant. D. 1. Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary…….Landlord’s Right to Enter and Tenant’s Right to Privacy A. A landlord may enter the dwelling unit only in the following cases: 1. In case of emergency……2. 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, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5…….3. When the tenant has abandoned or surrendered the premises…….4. Pursuant to court order. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.