If my landlord entered my property without permission on 3 occasions and has not fixed a hole in the kitchen floor, can I get a constructive eviction?

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If my landlord entered my property without permission on 3 occasions and has not fixed a hole in the kitchen floor, can I get a constructive eviction?

My landlord lives on the same property, gas and water are shared. He drops off the bills the day they are due, then harasses me daily for the amount. He entered the property when I was out of town, asking the house sitter if he could inspect the condition, then just entering before she answered. He uses intimidation and harassment to get his tenants to do what he wants. Also, I moved to this property because it was large and quiet. I had to endure a month and a half of heavy machinery from sun up to sun down some days.

Asked on March 26, 2012 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In CA, a landlord is required to give 24 hours written notice before entering your rental.  Entry has to occur during normal business hours.  No notice is required if it is an emergency.  You can sue the landlord for breach of the covenant of quiet enjoyment for violating the notice requirement.  The covenant of quiet enjoyment is in every lease and means that the tenant cannot be disturbed in his/her use and enjoyment of the premises. This legal argument is also applicable to the landlord's intimidation and harassment of the tenants which you mentioned. 

As for the hole in the kitchen floor, if the landlord does not repair it within a reasonable time, you can have it repaired and deduct the cost from the rent.


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