Can my landlord notify me that itwill enter myresidence on some random day this week at an unknown time?

I got a letter from my landlord that says “During the weeks of X throgh Y ____ will be performing our fall preventative maintenance at your residence.” I have been reading tenant’s rights but it is not very specific. It states the notice must have a date and approximate time.

Asked on October 17, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it would be better there is a definite date and approximate time; it is possible that the notice you describe would be considered defective and entitle you to not allow the maintenance personnel in.

Of course, if you do that, the maintenance not will be done, or will be delayed, which could obviously harm your interests; if there is a problem with the unit due to your refusal to allow maintenance to go forward, you probably would be limited in your ability to complain about it or take other action.

Probably the best thing to do is to reach out to yoru landlord and try to proactively schedule a time for maintenance; see if by contacting and proposing a time or times, you can get yourself on the calendar. That will avoid any fights or disputes with your landlord, show good faith and cooperation, and get the maintenance done. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.