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View Full Version : Landlord invading privacy - CA Berkeley


olydan1
02-09-2007, 03:18 PM
This thread has two issues at hand:
1. Landlord invading privacy by entering unit 25 times over 4 month period.
2. Landlord not providing deposit back within 21 days for requesting proof of utilities being paid.

1. I rented my unit in July with a 6 month lease. The lease was short because the landlord was considering selling the unit and didn't want to have a year lease. After roughly two months the landlord began having "friends", "realators", "painters", "repair men", and "interested parties" enter my unit frequently and often on the weekends. After three occurences of people coming through my house on weekends (which is one of the few times I am home) and interupting dinners I wrote an email requesting weekend walk throughs be ceased and for any walkthroughs to be scheduled while my roommate and I are not in the unit.

This request was granted and walkthroughs happened during the day from that point on. In total ~25 people I did not know and did not meet were going through my house against my will over a 4 month period. 80% of the time the 24 hour rule was obeyed and 20% of the time the notice was given within 24 hours. On multiple occasions lights were left one, the deadbolt was left undone, and one time the back door was left open. I wrote a complaint letter about the frequency of visits ,the feeling of my privacy being encroached on, and safety being dimished by leaving the unit in an unsafe manner.

IS THERE ANY LEGAL ACTION I CAN TAKE FOR A BREACH OF PRIVACY OR IS A LANDLORD ALLOWED TO ENTER THE UNIT AS FREQUENTLY AS HE/SHE LIKES IF THEY OBEY THE 24 HOUR NOTICE RULE?

2. A deposit of $4700 was given on the unit. Upon move-out and inspection $3000 was given back to me and $1700 was supposed to be sent ASAP. Today it has been 25 days and the $1700 has not been recieved. The landlord has indicated I must provide copies of my utility invoices and proof of payment in order to recieve the remaining $1700.

IS IT LEGAL TO WITHOLD DEPOSITS FOR UTILITIES? IF NOT, IS THERE REASON TO TAKE THIS FURTHER TO SMALL CLAIMS COURT?

IN ADDITION, ARE LANDLORDS LIABLE FOR THE SMALL CLAIMS COURT FEES IF THEY ARE FOUND GUILTY? AND WOULD THE AMOUNT BE $1700 OR $4700 THAT WOULD BE SOUGHT AFTER SINCE ALL OF THE DEPOSIT HAS NOT BEEN RECIEVED WITHIN 21 DAYS?

Thanks,
Dan

Brook
02-09-2007, 11:12 PM
California Civil Code as with most if not all states give the landlord the right to show the house or unit provided reasonable or in some cases 24 hr notice is given. Reasonable notice is sometimes defined, and in other cases it is open to interpretation. In your case you made a request and it was granted. In order for the house to sell it has to be seen. I am sure that you are being inconvenienced, but you took the house knowing that it was on the market.

As far as your deposit, it must be returned (minus damage beyond normal wear n tear and monies owed) within a certain period of time. You would have to look up what that time frame is for CA, but it would be to your benefit to pay your utility bills and provide proof of payment. The LL’s request is not unreasonable as he does not want to get stuck with the bills. Anyway, good luck with your deposit.

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