Ok for Landlord to enter unit to paint before tenant moves out?

Question

Is Landlord in California allowed to enter unit to repaint prior to tenant moving out?  My tenant's Lease is up 3/31 but he already moved out (but has not surrendered unit).  I notified him that I will need to enter unit to paint & do repairs (with 24 hour written notice).  He says I cannot enter unit to paint & do repairs until his lease is up.  Calif Civil Code 1954 states "Landlord my enter dwelling to make necessary or agreed repairs, decorations, alterations, or improvements..."  I interpret this to include repainting - is this correct?

Nathan Gesner · Answer

You're being completely unreasonable and I would probably do the same thing your tenant is doing. Painting is not necessary and it apparently was agreed upon by the current tenant since it has no benefit to him.

You may think you're being generous but I think your tenant is correct to hold you hostage. You want the tenant to pay rent through the term of his lease (rightly so) and then you also want him to give you access to do something that benefits you. Why should he be generous when you have not been?

You should wait until the lease is terminated and then paint before placing the new tenant. You actually should have advertised the unit as available March 4th. Or you could approach the new tenant and give him the option of moving in a few days later (with prorated rent) or accepting the unit "as is" with the old paint.

You created the mess by making sure you squeezed every last dime out of your departing tenant and now you want every last dime out of your new tenant. Compromise requires each party to get something of value, not just something that you consider of value.

Thomas S. · Answer

You are permitted to enter with notice to do maintenance. It is your decision as to whether you wish to allow your tenants to control your business decisions.

I generally treat my tenants they way they treat me. Your tenant is being a d*ck and for that reason I would be giving notice to perform the work. But that's just me. You need to determine where you draw the line on managing your business.

Kenny Dahill · Answer

Hi @Diane Huetter, I am not a legal expert so you will want to do your own due diligence.

However, often in state regulations they will list the notice procedure.  Most states are 24-48 hours notice, unless it is deemed an emergency.  I think we all agree paint is not an emergency.

I believe in creating an incentive for folks.  Tell them if you perform the punch list now that they will get their security deposits back sooner.  If not, you can wait the entire legal duration to refund their deposit.

Scott Weaner · Answer

Seems like a bad idea to me. Wait until they move out.

Johann Jells · Answer

I think you missed the golden opportunity by not emphasizing how a repaint ASAP in the beginning of March would increase the chances of a March 15th lease. Not impossible either, I've had a number of tenants move in immediately from non-lease situations like parents or roommates.

Diane Huetter · Answer

Thank you Thomas!  Yes I believe he is.  I have tried to help him out by trying to get a tenant in there early, and again by offering to refund a few days of rent if he agrees to surrender unit a few days early, and he is now behaving like a sore loser because it didn't work out exactly the way he wanted it to.  I just wanted clarification as to whether or not I actually have the right to enter unit (with sufficient notice) to do maintenance such as repainting.  Thank you for your response, much appreciated.

Diane Huetter · Answer

To Nathan:  thanks for your post.  Just making sure you saw this part of my post above: "A week after he gave notice, he asked me if I could please try to find someone who could start a lease by 3/15 (lease is up 3/31) I told him I would definitely *try* to do so, but made it very clear that he would still be on the hook for March rent if I could not find someone who wanted to start the lease early."

So that is why I did not list the unit as Available April 4 (you wrote I should have listed unit as Avail Mar 4 but I think you must have meant to say April 4).  Tenant wanted me to list it as available earlier.

Also I posted:  I offered to reimburse him 3 days of March rent if he would surrender it March 29  - but he says the only way he will surrender early is on March 15 and if I agree to give him a refund of half of March rent.

With this information - do you still feel I am being unreasonable?

Diane Huetter · Answer

To Johann:  Yes, it seems Tenant is indeed being an *** for the hell of it.  He moved out a month before his lease was up.  A week after he gave notice, he asked me if I could please try to find someone who could start a lease by 3/15 (lease is up 3/31) I told him I would definitely *try* to do so, but made it very clear that he would still be on the hook for March rent if I could not find someone who wanted to start the lease early.  I listed it as available March 15, but everyone who came to view it wanted April 1 start-lease date, so I signed lease with tenant starting April 1. So he is upset and is now trying to make things difficult for me.   I offered to reimburse him 3 days of March rent if he would surrender it March 29 - but he says he will only surrender it March 15 if I refund half of March rent.  Yes, he is being a jerk - not to mention a fool not to at least accept 3 days rent reimbursement!

To Kenny:  I like your idea of offering to return his security deposit sooner if he lets me come in and paint - that is a good motivator!   I will definitely give it a try, Thank you.!

Johann Jells · Answer

But he has moved out according to OP. Is he just being an ass for the hell of it? Why is he out a month early? I'd do it by the book with notice, if he has really and truly vacated.

Ok for Landlord to enter unit to paint before tenant moves out?

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