Unlawful Detainer Suit and Denying Landlord Entry to my Rental Unit

[StarForeman]

California, Los Angeles

This is a really really long story that I am summing up with just a few sentences then a question. There is a substandard order from Building and Safety on my rental unit, which is one of four bedrooms in a single family home with two attached units that also now have a substandard order on them as they are illegally converted from a garage. Additionally the City Housing (HCIDLA) has ordered the owner of the property to pay me relocation assistance and also ordered the owner/landlord to stop all collection of rent on the unit until it is registered with their department and the substandard order has been lifted from the property. Because it is an unregistered unit Building and Safety have the ball and Housing can only order the landlord to stop collecting rent- they can not place the property into REAP. The building is not owner occupied. All 6 renters (4 in the main house and two in the back houses) have their own leases.

The lovely human being that is the landlord has started an unlawful detainer case against me, with a court date on the 26th of October, for non payment of rent even though he has been ordered to stop collecting rent. Since the substandard order he has gone on a spree of hateful actions against me culminating in him destroying my property that was in the communal living area and throwing away all of my plants, plant holders, gardening supplies etc... (Yes, I filed a police report. Yes I have a lawyer for the UD case. Yes my landlord is a totally nut job ******* piece of ****.)

Today i get a notice of intent to enter, at a time and date that I am not available. The reason given is to measure my rooms with a general contractor. I don't want to let the landlord in when I am not home as he has already destroyed my belongings on multiple occasions. I do not trust him.

Can I deny him entry until after the unlawful detainer suit has finished?

I don't want him in my rooms. He is creepy. He has texted me things that are creepy. I don't trust him to not destroy my belongings. I don't want to have to take another day off of work just to make sure he doesn't destroy my stuff. What can I do?

 

[HRZ]

IN theory a LL has a right of entry for planned construction or whatever your state language may be ...but it makes no sense that entry to your room is required for measurement purposes as you state was the reason ...

PErsonally I would deny him access unless or until my lawyer says otherwise .


One can do all the construction rehab one wants but that by itself is not going to legitimize an occupancy which is outside the law/code/zoning .

One guess is that LL might seek to drive you out by construction work...be careful.

 

[Gail in Georgia]

http://www.caltenantlaw.com/landlord-intrusions/

Gail

 

[StarForeman]

update- he says he will force his way in

I sent him a cease and desist letter and he has texted that he is coming in anyway. I don't know what to do!

this is the letter I sent


Los Angeles CA 90037


October 17th, 2017

xxxxxxx
Burbank, CA 91505

re: Request for entry denied

Dear Thomas Mxxxxx,

On October 16th 2017 you posted a notice of intent to enter the rental at xxxxxx xxth pl in order to measure the rooms. Under Civil Code 1954 this request for entry is denied. If you attempt to enter the rental without a court order allowing access you will be guilty of criminal trespass and I will press charges.

This letter serves as formal notice that all further requests for access to the upstairs units will be denied. Recently you came to the common area of the rental unit and physically removed my plants, plant holders, an antique radio and other personal possessions of mine. You did this after filing an unlawful detainer case against me. This is not just theft but it is also consider a “self help” eviction. Due to this illegal activity on your part I am exercising my rights as a tenant under Civil Code 1954 to block all further attempts you might make to enter this unit. I have placed a security camera inside the hallway and should you attempt to forcibly enter the unit the footage from that camera will be sent to the appropriate authorities and will be used against you in a court of law.

We have a court date on October 26th, 2017 that should settle the issue. Until the Courts have decided the matter any further attempts on your part to enter the rental unit will be denied. If you have any questions please address them to my attorneys in the UD case Bxxxx (Ned Hxxxxx is the one handling my case) whose office number is xxxx. Additionally feel free to visit them in person at xxxx Blvd, xxxxx Los Angeles CA.