Lanlord showing house to buyers without my permission

[jennime]

So I have been renting for a year in a home with roommates, one of which is also the landlord/owner. He told me when I moved in to "ignore the for sale sign" because he wasn't actually planning to sell, but only seeing what offers he could get to try and get the house appraised at a higher price. I know nothing about selling a home, so I didn't realize at the time that this is not how appraisal works. Now, over the past year we have had several incidents where realtors have come in to the home unannounced, asking to look in my room and bathroom and show the house to potential buyers. When I confronted the landlord, he said they are supposed to call him so he can arrange a time where we are not home, for them to enter the house. Then he went ahead and told another realtor that it was okay to go anytime one weekend, and my roommates and I were unhappily surprised again by a random couple looking at the house. I heard from someone that if a person is renting a house and also showing it to buyers, that there has to be notice given (at least 24 hours) and the rent has to be reduced. Is this true? And where can I find evidence of this law to give to my Landlord? Oh and the wort part is, we never signed any leases. Nothing in writing at all. HELP!

 

[fredrikklaw]

Yes, you have heard right and I am amazed that this sort of thing still goes on in this day and age and in California. But fret not because California Civil Code Section 1954 comes to the rescue and may be even help with the edification of the offending idiots.

Proper notice should be given by the landlord to tenant to enter the property in all circumstances save an emergency, and duplicity forbids me from ranting on about the language of the code which you can read for yourself. The section's title is 'Landlord's Right to Enter, and Tenants Right to Privacy" and it clearly sets out the Dos and the Don'ts when it comes to entry by landlord.

Read the code and then tell the landlord in a very stern way that you will not tolerate this shenanigan any longer and that if it happens again, you will (I hope) be going shopping for a new car which he will be paying for after you sue him and win a judgment.

Actual case in point; in 2006, a good friend of mine went through a similar scenario and when she withheld rent, the landlord filed an unlawful detainer action and obtained repossession which meant eviction for my friend. We called the clerk and asked for an emergency ex parte to be heard on a motion to set aside judgment because of the landlord's prehistoric disregard for her tenancy rights and wrote a 14 page motion in support; the hearing was scheduled for 1:30 p.m. on the same day as her lock-out.

Fast forward to 2:45 p.m. and we walked out of Department 5 with the Eviction order cancelled, her lease reinstated, plus a money judgment against the landlord for $3,250.

The moral of the above I-Hero story is not to be timid and bashful in such instances and when it comes to slum landlords and to take them to task with the two Vs; Vengeance and Vehemence. So, if he ignores your request again, withhold rent and sue him for causing a Constructive Eviction by repeatedly violating the lease's implied (in law) Covenant of Quiet Enjoyment.

Good Luck.

fredrikklaw

 

[army judge]

OP, you are in a tenuous position with a month to month tenancy. Your rights are limited. Google "month to month tenancy California".

I suggest you start seeking more permanent accommodations. If the home sells, you'll be forced to leave in 30 (or so) days.

The landlord's intrusions and idiocy aside, he wants to sell his home. Think beyond the present. What do you plan to do when that event transpires?