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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Enter without notice?

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Old Nov 4th, 2008, 07:24 PM     #1
Fio
 
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Angry Enter without notice?

I'm currently living in CA renting an apartment with my other 3 roommates.

We moved in this apt in Sep 08, and just since then we've been checked for so many times, which kinda pissed me off.

Like this morning, the apt manager showed up in front of our unit and said they wanted to check the water leak because of one other unit upstairs have this prob, and I let her in. (we didn't report any prob at the moment) Now we received a 3-day notice said that we have to either move out or have the partition removed from the living room.

OK, yes, in the lease it said we are not allowed to have partitions there, we did violate the lease, and the prob can be corrected. But my question here is that is the manager allowed to come in anytime they want like this? She's been to our apt at least 3 or 4 times like this (just showed up and checked)and I don't feel comfortable about this at all.

Is water leak considered an emergency so they have the rights to check anytime they want? If not can I do anything about it? I'm feeling harassed.

Hope my description is clear enough, and thanks for the advice!
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Old Nov 4th, 2008, 09:24 PM     #2
Unregistered
 
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Default Re: Enter without notice?

An actual water leak is an emergency and requires no permission or notice to enter. So if water was pouring into the unit below you, the manager could enter without giving notice.

But coming to check your unit because it MIGHT have a leak (that some other unit had) is not an emergency. However, you allowed the manager in. Why didn't you just say no? You have the right to refuse to allow the manager in if they don't give you the required 24 hour prior notice. They can go get the notice and serve you and come back the next day. Even then, the LL cannot abuse the right of entry. You've been there 2 months and they've been there 3 or 4 times. Once every 15-20 days would seem too much for me.

But since you willingly allowed the manager in, you now have to follow the notice. If you want to stay, remove the partition and follow your lease. That alteration is not allowed per your lease clause. Remove it.
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Old Nov 5th, 2008, 12:58 AM     #3
Fio
 
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Default Re: Enter without notice?

Hi! Thanks for your response.
Yes, you are right, and that is why I regret it a lot.
I just want to make sure that she actually has no right to do so.
I guess next time I will just say no her.

Thank you!
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