Tenant disputing additional charges after early termination of lease

[Dave1952]

I think you are in pretty good shape but I've got a couple of minor quibbles.
The first is your claim that the propane tank was full. I heat with propane. My tank is never filled more than 85%. There's a warning on the tank about this. Check with your gas company about this. Don't get caught seeming to lie. Was the tank full?
The second quibble is to wonder how often you entered the home during their tenancy. Land lords have the right to inspect their property after giving reasonable notice. Your house did not get this dirty overnight. Be sure to mention that you are "new" landlords and will never fail to check your house regularly again

 

[justalayman]

I think you are in pretty good shape but I've got a couple of minor quibbles.

The first is your claim that the propane tank was full. I heat with propane. My tank is never filled more than 85%. There's a warning on the tank about this. Check with your gas company about this. Don't get caught seeming to lie. Was the tank full?

a FULL tank is one filled to 85% capacity. You are correct, you do not fill them to 100% capacity. They tend to be a real problem when all that gas flows all over as it warms and expands and escapes the safety release. When you call the gas folks to fill it, they will fill it which is about 85% of actual physical capacity. Full is a relative term not to be taken literally.

The second quibble is to wonder how often you entered the home during their tenancy. Land lords have the right to inspect their property after giving reasonable notice. Your house did not get this dirty overnight. Be sure to mention that you are "new" landlords and will never fail to check your house regularly again[

the law states:

http://www.dca.ca.gov/publications/landlordbook/living-in.shtml

California law states that a landlord can enter a rental unit only for the following reasons:

In an emergency.

When the tenant has moved out or has abandoned the rental unit.

To make necessary or agreed-upon repairs, decorations, alterations, or other improvements
.
To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy (see Initial Inspection sidebar).
If a court order permits the landlord to enter.

If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements.

that means the tenant can prohibit entry by the landlord in most situations. The ll can ask, the tenant can say no., If the LL wants in, they can go to court and seek an order where they would be required to give cause for the entry.

 

[Dave1952]

While I'd think that replacing the furnace filter twice per year with 24 hrs notice would be acceptable the OP may wish to speak with a lawyer about this. It may also be possible to put an inspection clause into the lease. Once again, seek advice.

 

[justalayman]

While I'd think that replacing the furnace filter twice per year with 24 hrs notice would be acceptable the OP may wish to speak with a lawyer about this. It may also be possible to put an inspection clause into the lease. Once again, seek advice.

did you miss this:

To make necessary or agreed-upon repairs, decorations, alterations, or other improvements

and yes, California requires not only a notice but an actual time. If I recall correctly, California allows a 2 hour window around that time. Ultimately the tenant has the right to refuse entry almost entirely. If the lanlord believes the tenant has been inreasonable, they can go to court to get an order to allow them entry. self help is not a good idea.

 

[Dave1952]

I don't understand where you are going with this, replacing the furnace filter is necessary. Houses require maintenance, inside and out. Are you arguing that Cal. actively prevents landlords from maintaining their property? That would be odd.

 

[BL]

To make necessary or agreed-upon repairs, decorations, alterations, or other improvements

If replacing the furnace filter is deemed necessary then that's one reason .

If replacement is just recommended , that's not necessary.

From working in HVAC field for a time , filters should be replaced periodically, but we only recommended it while there for a cleaning, etc , unless the consumer ask for replacement .

Also one should have the furnace cleaned at least once per yr.

Many do not .

 

[justalayman]

I don't understand where you are going with this, replacing the furnace filter is necessary. Houses require maintenance, inside and out. Are you arguing that Cal. actively prevents landlords from maintaining their property? That would be odd.

No, they don't but California like many other states acknowledges the tenant has greater rights to their privacy than a landlord does to come and go at will. In some states, the tenant has an absolute right to deny entry for all but the most extreme circumstances so no, that is not odd that California would support tenants rights in this matter. That is why they allow very few reasons that allow a landlord a right 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.

so, unless the tenant makes a complaint, the landlord has no idea if there are repairs necessary. To the furnace filter; sure, as long as the landlord provides adequate written notice. (at least 24 hours if delivered personally or 6 days if mailed) A tenant is still going to be able to refuse entry if they are there. The landlord cannot force their way in against the tenants intent.

the furnace filter issue is easily avoided: tenant; I'll take care of that. No need for you to worry about it.

in case you want to grab that inspection thing:

(f) (1) Within a reasonable time after notification of either
party's intention to terminate the tenancy, or before the end of the
lease term, the landlord shall notify the tenant in writing of his or
her option to request an initial inspection and of his or her right
to be present at the inspection. The requirements of this subdivision
do not apply when the tenancy is terminated pursuant to subdivision
(2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At a
reasonable time, but no earlier than two weeks before the
termination or the end of lease date, the landlord, or an agent of
the landlord, shall, upon the request of the tenant, make an initial
inspection of the premises prior to

that is an inspection incident to an intent to vacate the premises and since your statement was addressing inspections, you will need to look for another right of the landlord because this isn't it.

Sure there are weasel words in the statute but a determined tenant can effectively prevent the landlord from entering under most circumstances.