Landlord Access To Property After Tenant Notice To Terminate Lease

[lbresswiss]

in california, after the tenant gives proper notice to terminate the lease, can the landlord come onto the property to do any maintenance or repairs during the notification period, or must he wait until the tenant leaves the property at the end of the notification period?

 

[LL]

Yes, his rights to enter are not changed by the tenant giving notice to vacate. He has a legal right to enter to perform necessary or agreed-upon repairs and maintenance.

In addition, he may decide to defer some repairs or maintenance until after the tenant is gone, for his own convenience or for other reasons, except for repair of dilapidations that render the apartment untenantable.

 

[lbresswiss]

we have had a five year lease on a single family dwelling, during which the landlord has declined to do certain maintenance or repairs, mostly because of cost or inability to find someone cheap enough to do the work. Our concern is that once we give notice (prior to the full five years), he will decide that he wants to do some of this work while we are preparing to move. My rationale is that he let it go all this time, so why can he not wait until we vacate the property. It is my understanding that he cannot legally come on the property unless there is an emergency, we invite him or we mutually agree that he can come on the property.

 

[LL]

Your understanding is wrong.

He has a right to enter for:
X Emergency
X to make necessary or agreed upon repairs
X to exhibit the apartment to tenants, workmen, others
X other lesser reasons.

He should give you reasonable notice (like say, 24 hours).

Why don't you discuss it with him, and ask if he can defer whatever he was planning to do until after you have vacated.

However, maybe he wants to have it ready for the new tenant, or make it look better when he shows it, and that's reasonable.

 

[lbresswiss]

thank you LL. another question. there was no official walk-through, with a written document regarding existing damage, at the beginning of the lease. what happens, if the matter goes to small claims court for us to get our security deposit back, or if he claims there are damages/wear and tear in excess of our deposit. Is it our word vs his? what documentation or evidence can we present to support our position?

 

[LL]

Not much, as regards initial condition of the apartment.

 

[lbresswiss]

Prior to our moving in, the master bath shower and floor were repaired due to water damage. About two years ago, I notified the landlord that there was water damage to the floor. Just recently, he replaced the rubber strip under the shower door and said that would solve the problem. However, damage to the floor is spreading. While he was replacing the strip, he commented that, in his opinion, the soap build-up was such that we might not be able to get if off. He even implied that it might be necessary to replace the tile. Is he trying to set me up to pay for damage that he has been unwilling to take care of?

 

[lbresswiss]

Prior to our moving in, the master bath shower and floor were repaired due to water damage. About two years ago, I notified the landlord that there was water damage to the floor. Just recently, he replaced the rubber strip under the shower door and said that would solve the problem. However, damage to the floor is spreading. While he was replacing the strip, he commented that, in his opinion, the soap build-up was such that we might not be able to get if off. He even implied that it might be necessary to replace the tile. Is he trying to set me up to pay for damage that he has been unwilling to take care of?

 

[LL]

I can't see inside his mind.

Why don't you ask him?