Entering without my permission

[Swalker123]

California

Here is my issue and I am tempted to sue because I am fed up. Just lastweek I requested for two sockets in my home to be looked at by maintenance. Noone ever called to check up on me or the situation. I call again today and I get a call back 20 minutes later asking what time is convenient in so forth.(took long enough). Well once I tell the maintenance person to let me know when he can make it because someone may or may not be there I get a call from the property manager claiming they came into my home saturday; then changed it to wednseday and saw something I needed to remove. First, why are you in apartment and I am not removing anything that is not illegal. Basically, my brother has a few marijuana plants legally sitting by the patio door. But the manager didn't care to talk about that he was too concerned about the marijuana. So I said well if you came into my home to fix the sockets why aren't they fixed???? So my problem is, they are out of line for coming into my home. I have laptops and jewelry and all sorts of things. The manager got upset and hung up on me because he knew he was in the wrong. He tried to say it was authrized but only I live here. I want to take this to small claims or should I take this further because I have been dealing with crap from these people for a year now as well as four different management changes. I know I am not the only one in this apartment that feels this way. And the fact that I have one huge socket holding all of my stuff is a fire hazard. I wrote a letter about getting my stuff fixed asap but should i write another about entering my home. I am ready to take them down.

 

[Proserpina]

Don't be surprised when you're evicted.

 

[sandyclaus]

Dude, they didn't enter without permission. They entered to effect the repairs that you had requested.

The only reason you cared about WHEN they came in to do it was so that you would have time to hide the marijuana.

Expect to receive an eviction notice for growing the buds very, very soon.

 

[FarmerJ]

so called medical mariuana may be tolerated by your states laws but not federal and Until it goes into the CA court system and is fought out about rental units Its a area of law that your not going to win , you made repair request , your LLs maint guy doesnt have to pin it to a day or time that suits you nor does your LL.

 

[justalayman]

No, they didn't have permission to enter.

1954. (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.
(b) Except in cases of emergency or when the tenant has abandoned
or surrendered the premises, entry may not be made during other than
normal business hours unless the tenant consents to an entry during
other than normal business hours at the time of entry.
(c) 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.
(2) If the purpose of the entry is to exhibit the dwelling unit to
prospective or actual purchasers, the notice may be given orally, in
person or by telephone, if the landlord or his or her agent has
notified the tenant in writing within 120 days of the oral notice
that the property is for sale and that the landlord or agent may
contact the tenant orally for the purpose described above.
Twenty-four hours is presumed reasonable notice in the absence of
evidence to the contrary. The notice shall include the date,
approximate time, and purpose of the entry. At the time of entry, the
landlord or agent shall leave written evidence of the entry inside
the unit.
(3) The tenant and the landlord may agree orally to an entry to
make agreed repairs or supply agreed services. The agreement shall
include the date and approximate time of the entry, which shall be
within one week of the agreement. In this case, the landlord is not
required to provide the tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time
of entry.
(3) After the tenant has abandoned or surrendered the unit.

The LL must provide notice, in writing, unless the the tenant agrees to accepting an oral notice but even then, the notice must include the date and approximate time of the entry.

First, why are you in apartment and I am not removing anything that is not illegal. Basically, my brother has a few marijuana plants legally sitting by the patio door.

how is your brothers pot in your apartment legal?

 

[justalayman]

you made repair request , your LLs maint guy doesnt have to pin it to a day or time that suits you nor does your LL.

actually, they do. Day is specific, time is approximate.

 

[Searchertwin]

OP stated, "I have one huge socket holding all of my stuff is a fire hazard."
You know and I know he indicated that to the LL so he hurry and fix it.
Which made it an emergency, which overrides the notice.

Even if he didn't cry "fire hazard", the matter alone would indicate an emergency, again giving LL the right to enter without permission.

OP is upset because he had something that wasn't suppose to be there and he knew it.

Expect LL to evict. I would have called the police to come and pick it up or have them check to see if he had a prescription. If op had a prescription the LL would HAVE ALREADY been given a copy or been informed.
Let him face the penalties, not the LL.

 

[applecruncher]

I am ready to take them down.

Yeah, right.

I am tempted to sue because I am fed up.

Go ahead. Hire a lawyer and sue.

 

[BL]

No, they didn't have permission to enter.




The LL must provide notice, in writing, unless the the tenant agrees to accepting an oral notice but even then, the notice must include the date and approximate time of the entry.


how is your brothers pot in your apartment legal?

Read D 1 again and except for par. 2 & 3 . Tenant notified LL of need to repair .

(2) To make necessary or agreed repairs

 

[justalayman]

Read D 1 again and except for par. 2 & 3 . Tenant notified LL of need to repair .

(2) To make necessary or agreed repairs

I think you are confusing your 2's and 3's and a's and b's.

d1 is referring to d2 and d3.

Basically, the entire statute states the only times entry is allowed. That would be section a.

then in section b it states the hours the LL can enter and the exceptions to that limitation

Then, in section c, it states that the LL cannot abuse the right to enter

then in d it states when and how notice must be given under what circumstances

then in e it states the only times entry is allowed without notice

So, when reading the statute properly, you should understand that, when concerning non-emergency repairs, notice is always required and unless the tenant agrees to an oral notice, it must be in writing. In either case, the date and approx time must be given in the notice.

 

[justalayman]

OP stated, "I have one huge socket holding all of my stuff is a fire hazard."
.

maybe but I'll take the OP at his word. Trying to argue anything else without support is enforcing your unsubstantiated beliefs. They could be correct but there is absolutely nothing to show, or even suggest they are.

In fact, the op wrote:

Just lastweek I requested for two sockets in my home to be looked at by maintenance.

I see no urgency in that statement

 

[sandyclaus]

Taken in context, I really don't think OP would really CARE when their LL had entered if the socket they had complained about had been "fixed" while the LL or his handyman was in the apt.

I'm pretty sure most would agree that the ONLY reason OP even takes issue here is the simple fact that he didn't get a chance to stash the plants first, and got caught with the drugs in the apartment. LL saw them, and will most likely evict him for it.

 

[justalayman]

I'm pretty sure most would agree that the ONLY reason OP even takes issue here is the simple fact that he didn't get a chance to stash the plants first, and got caught with the drugs in the apartment. LL saw them, and will most likely evict him for it.

I don't disagree with this at all but the fact still remains the LL entered illegally, at least based on the situation as posted.

the OP does have a valid suit for a breach of the warranty of quiet possession.

If the courts would see one intrusion as so egregious it warrants some penalty or if there is actually a penalty available are both things I have not researched.

 

[sandyclaus]

I don't disagree with this at all but the fact still remains the LL entered illegally, at least based on the situation as posted.

the OP does have a valid suit for a breach of the warranty of quiet possession.

If the courts would see one intrusion as so egregious it warrants some penalty or if there is actually a penalty available are both things I have not researched.

I'm fairly certain that the courts would not see a single incident as being so egregious as to warrant a civil penalty. At least not given the fact that there was a request for repair pending, and tenant was neither significantly or irreversibly damaged by the entry (unless you count the fact that they didn't get to put away their stash first).

But, as you know, we live in a litigious society, and anyone can sue anyone for anything.

 

[Zigner]

If somebody asks to have a socket "looked at", then one can assume that their may be an electrical problem. Electrical problems can cause electrical fires. A reasonable argument could be made that this falls under the "responding to an emergency" clause. The tenant is not going to get a free pass on the illegal growing of marijuana here...