Is there anything wrong with this Lease

[jaguirre2001]

What is the name of your state? CA

I have a sister in law that signed a lease for a house rental. Some of the terms seem odd to me, and I just wanted an opinion on them

1. She has signed a lease that submits to a regualr 4 month inspection of the home(with notice) But still an inspection of the home. Not for repairs, but just to evaluate the living conditions of the home

2. She was asked to sign a drug-free policy

3. Since there is a pool, and she has children, She was asked to sign an agreement to not leave her children unsupervised outside.

Also, the landlord has left junk on the side of the house, he has stated he'll attempt to remove it, but theres no set date as to when. So is she just stuck with it until he decides to move it?

Really the inspections, and junk are the only really issues. And since she's already signed the lease, is there really anything she can do?

 

[seniorjudge]

"...Really the inspections, and junk are the only really issues. And since she's already signed the lease, is there really anything she can do?..."

Nothing you have quoted strikes me as odd; but that may just be me. She signed it, she gets to live with it.

I would be concerned about that junk. Exactly what is it?

In any event, sis could have a talk with LL and very sweetly mention children, attractive nuisance (and by this, I do not mean the Dixie Chicks), insurance, and injury all in the same gentle and persuasive way she has.

Google california attractive nuisance children.

 

[HomeGuru]

What is the name of your state? CA

I have a sister in law that signed a lease for a house rental. Some of the terms seem odd to me, and I just wanted an opinion on them

1. She has signed a lease that submits to a regualr 4 month inspection of the home(with notice) But still an inspection of the home. Not for repairs, but just to evaluate the living conditions of the home

**A: L has a right to inspect the property, monthly, weekly or whenever he/she feels like it provided proper notice is given.
********
2. She was asked to sign a drug-free policy

**A: that goes without saying unless legal prescription meds.
********

3. Since there is a pool, and she has children, She was asked to sign an agreement to not leave her children unsupervised outside.

**A: smart landlord.
****

Also, the landlord has left junk on the side of the house, he has stated he'll attempt to remove it, but theres no set date as to when. So is she just stuck with it until he decides to move it?

**A: yes.
*********

Really the inspections, and junk are the only really issues. And since she's already signed the lease, is there really anything she can do?

**A: do about what?

 

[jaguirre2001]

This is a copy and paste from http://www.dca.ca.gov/legal/landlordbook/living-in.htm

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.87
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.

 

[seniorjudge]

What is the California law about waiving those provisions?

 

[HomeGuru]

This is a copy and paste from http://www.dca.ca.gov/legal/landlordbook/living-in.htm

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.87
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.

**A: thanks..............

 

[Who's Liable?]

mmmm seems as if #1 is in violation of the CA LL/T law... which states only certain things can be entered for... Check the CA LL/T law in regards to lease clauses that cannot violate lease laws...

typical it states something to the effect of not: cannot violate statute 23-34 etc....