CA legal Q: landlord access - verbal agreements - privacy

CA legal Q: landlord access - verbal agreements - privacy

Florissant, CO · Member since 2013 · 184 posts · 69 votes

Greetings - haven't been here for awhile - hope you had a relaxing holiday season!

I am in the midst of a rather complicated situation, but will try to make this as short and concise as possible.

In mid Nov, I moved out of my house, into my small RV, and rented my house to my neighbors who ran into landlord difficulty (should have been my warning sign).  We have a month-to-month agreement, but it does not specify the verbal agreements we made, cuz at the time, my neighbors were my friends (my second mistake)!  Basically, I agreed to move out with the caveat that I would have access to the house (kitchen) a few times/month, and to the property in general, as all my stuff is stored there! We agreed that house access would be allowed between 10-3; there were no such limitations to the property, although they now contest that.  We have exchanged several emails regarding this dispute in the last week; culminating in an email I received a couple days ago stating that they feel I am violating their privacy rights by not adhering to the 10-3 agreement and they threw in some lovely legalese about not having brought the issue up earlier for fear of 'retaliation'! They even cited CA code 1594 re: access.

 Q1: Up to this point, I have given them 'notice' of my intent to be at the house by phone (when we were still talking) and/or by email. CA 1594 suggests that this notice must be in writing. It's not practical for me to wait a week to mail them a notice of intent to enter. And I am now 2 hours away, so I can't just stop by and drop a note that says I'll be up tomorrow. As they accepted email and phone notice in the past, is this still acceptable, given their current nasty mood?

Q2:  How do I - or can I - re-write the rental agreement to include all the access language (and other things like smoking restrictions) that were verbally agreed to but not codified in writing  - without their considering this "retaliation".  Or is it not a big deal?  Also, how much "access" can I get without them crying foul for being coerced into an agreement (I see the writing on the wall now!)

Q3:  Because my move-out was still in progress when they moved in, I dropped the rent $100/mo (without really discussing it with them in advance) to compensate for the inconvenience and for the minor utilities I would use while there (maybe $10/mo).  A temporary adjustment, though the rental agreement does not say that. Can I increase the rent to the original $1000/month that we had agreed to - (though I realize I can only raise it to $990 (10%) without 60 day notice)

How concerned do I need to be about their "retaliation" threat?  If we had a verbal agreement to access, and all my stuff is on the property, I should be able to get my stuff with reasonable notice and sufficient time on the property.  

One other fact:  we always had the agreement, that if living in my RV wasn't working for me, I could have my house back.  This they reiterated in a email just before their nasty-gram.  

Q4: Given that they've gone from friends to nasty tenants in < 2 months, should I feign needing my house back and kick their butts to the street?  Honestly, I may need my house back as living in my RV is proving more difficult than anticipated (summer is sooo much easier).   I don't see how they can consider this "retaliation" as they agreed to move if necessary.  

Appreciate your thoughts!

Kelly

(No good deed goes unpunished)

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  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    11y

    always always treat your house like rental ;) sorry you had to figure that out the hard way! Nice has bit me in the but every time time! Treat it line a rental and you will be good!

    You have a month to month agreement. Give them notice and tell them to leave! Your under no obligation to plays games nor would I ! It's not retailiation it's business!

    Dear x and y,

    This notice is to provide 30 days notice of lease termination required in our month to month agreement. Your move out date will be x! Please let me know what time will be best to conduct the move out!

    Thank you,

    X

    That being said, email and txt message in my book count as  written message!  Be formal, busienss and stand your ground!

  • Florissant, CO · Member since 2013 · 184 posts · 69 votes
    11y

    Thanks Elizabeth - appreciate your time!  yeah . .  despite their current rabid tone, I doubt I will find anyone will take care of my property the way they will.  I've seen what they did to their last rental with a total deadbeat landlord.  And I'll have to move back and look for new tenants.  PITA!!  Unfortunately, this is not my first mistake with casual rental agreements and friends - got bit both times.  

    Hope you have a prosperous - and healthy - New Year!

    Your blog looks interesting - will check it out.

    Kelly 

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