My boyfriend and I have been having problems with our landlord repeatedly coming to the door and harassing us at all hours of the day. He has posted the house we rent on a 6month lease for sale, we are on the last month of this lease and have given a written 30 day notice to move by the first of May.
He brought people by with no notice to view the outside of the property yesterday morning at 9:00 am. My boyfriend was leaving for work, I was inside half naked and surprised by people looking in the windows and walking right up by the house. We asked them to leave the premises, and reminded the landlord he needed a 24 hour notice in writing to show the house. They refused, so I called the police. The officer told me that he would call the landlord, and that because they didn't leave when asked this is trespass.
Later that day, the landlord brings me a letter from his lawyer saying:
"We unequivocally demand that you cooperate with our client and his agents to allow entry for the purpose listed in the lease. I have instructed my client and he will instruct others as necessary, to give at least 24 hours notice whenever reasonably possible. Bear in mind, however, that shorter notice may be required, depending upon the circumstances. Please also understand that entry must be allowed seven days per week."
My lease reads "The tenant shall permit the landlord and/or its agents to enter into and upon the premises at all reasonable times and upon reasonable notice for the purpose of inspecting it or for the purpose of exhibiting the premises to prospective purchasers or tenants"
But, the statute here in California says that a landlord must give at least 24 hours written notice, and only on normal business hours to show the property. Normal business hours are considered to be 9am - 5pm Monday through Friday.
So how can a lawyer write a document making demands that do not agree with California Statute? What are our rights? What should we do next? We don't want our privacy invaded every day of the week. Moving under these circumstances is stressful enough.
He brought people by with no notice to view the outside of the property yesterday morning at 9:00 am. My boyfriend was leaving for work, I was inside half naked and surprised by people looking in the windows and walking right up by the house. We asked them to leave the premises, and reminded the landlord he needed a 24 hour notice in writing to show the house. They refused, so I called the police. The officer told me that he would call the landlord, and that because they didn't leave when asked this is trespass.
Later that day, the landlord brings me a letter from his lawyer saying:
"We unequivocally demand that you cooperate with our client and his agents to allow entry for the purpose listed in the lease. I have instructed my client and he will instruct others as necessary, to give at least 24 hours notice whenever reasonably possible. Bear in mind, however, that shorter notice may be required, depending upon the circumstances. Please also understand that entry must be allowed seven days per week."
My lease reads "The tenant shall permit the landlord and/or its agents to enter into and upon the premises at all reasonable times and upon reasonable notice for the purpose of inspecting it or for the purpose of exhibiting the premises to prospective purchasers or tenants"
But, the statute here in California says that a landlord must give at least 24 hours written notice, and only on normal business hours to show the property. Normal business hours are considered to be 9am - 5pm Monday through Friday.
So how can a lawyer write a document making demands that do not agree with California Statute? What are our rights? What should we do next? We don't want our privacy invaded every day of the week. Moving under these circumstances is stressful enough.
