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Does landlord have unlimited access rights to cellar with seperate entrance on property?

Discussion in 'Living in, Use of the Premises' started by tawnie, Feb 9, 2016.

  1. tawnie

    tawnie Law Topic Starter New Member

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    Jurisdiction:
    California
    My son and myself rent a 1 bedroom unit in a duplex that has a cellar below with a separate entrance door that has stairs leading down below both units.

    There is nothing stated in the lease agreement that specifies the cellar are below. The cellar is not occupied by anyone and the only person with access to the cellar door is the landlord and his maintenance guy.

    Is a landlord required to give a notice to tenant living in the dwelling above the cellar prior to entering the cellar?

    Or does a landlord have the right to enter the cellar/basement without giving any prior notice to tenant?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No.

    By your own admission you are only renting the 1 bedroom unit. The cellar belongs to the owner.

    Yes.

    Absolutely.

    If you don't like the arrangement you are free to ask for a revision in the lease when next it renews or find another place to live when it expires.
     
  3. Betty3

    Betty3 Super Moderator

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    Yes. It seems you & your son are not renting (paying for) use of the cellar. There is no reason why the LL shouldn't have access at any time without any notice to tenant(s).
     

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