All Forum Posts by: Diane Huetter

I own a condo in California and have given more than 24 hours notice to tenant to schedule showings - but she has written back stating she does not give consent to my entering her unit.  She has acknowledged in writing that she understands that I have the right to enter with 24 hr notice, but she is making the claim that showing the unit interferes with her right to quiet enjoyment (claims that a prospective tenant took a photo of her unit without her permission, which I know is untrue as I walked each of the 4 prospects through individually).  Even though I know I have the legal right to show the unit, I am now hesitant to try - I worry she might create a scene in front of the prospects, etc.   Do I have any right to hold back a portion of her security deposit for lost rent this will cause? (since I may lose a month's rent if I cannot start showing to prospects until after she vacates unit)?   Or do you recommend I just proceed with the showings? 

I own a condo in California and have given more than 24 hours notice to tenant to schedule showings - but she has written back stating she does not give consent to my entering her unit.  She has acknowledged in writing that she understand that I have the right to enter with 24 hr notice, but she is making the claim that showing the unit interferes with her right to quiet enjoyment (claims that a prospective tenant took a photo of her unit without her permission, which I know is untrue as I walked each of the 4 prospects through individually).  Even though I know I have the legal right to show the unit, I am now hesitant to try - I worry she might create a scene in front of the prospects, etc.   Do I have any right to hold back a portion of her security deposit for lost rent this will cause? (since I may lose a month's rent if I cannot start showing to prospects until after she vacates unit)?   Or do you recommend I just proceed with the showings? 

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.  

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?   

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.! 

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?