Hi, I am a tenant that believe that my privacy rights and other rights as a tenant were violated. To make this short, the management gave a 24 hour notice with date but no time frame whatsoever that the pest control was coming next day. So the next day while I was sleeping the pest control guy opened the door to my apartment with keys that my management gave and came inside while I was still sleeping and one of my belonging was stolen, BUT I believe my privacy was violated since pest control is not emergency and cannot come inside my apartment without my permission and the notice that they posted front door did not mention a time frame AND no one was besides this man to make sure this guy wasn't stealing.
When I talked to my management several times they harassed me, telling me that pest control is emergency and I should have be awake, and if I wasn't awake and things were stolen then it's my fault for not being in my apartment or still sleeping, all a blatant lie.
The rights come from California Civil Code 1954.
Under Civil Code 1954 [see below], the landlord may enter your unit without your permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that realtors will be showing the property is given, for the next 120 days only an oral telephonic 24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended repair, daily entry, or excessive range of entry time are probably all "abuses" which you have the legal right to prevent.
Do you believe my privacy rights as a tenant were violated because of this?
Please forward it to the appropriate person/department because I need an answer to sue in small court for $5000. Thanks a lot
When I talked to my management several times they harassed me, telling me that pest control is emergency and I should have be awake, and if I wasn't awake and things were stolen then it's my fault for not being in my apartment or still sleeping, all a blatant lie.
The rights come from California Civil Code 1954.
Under Civil Code 1954 [see below], the landlord may enter your unit without your permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that realtors will be showing the property is given, for the next 120 days only an oral telephonic 24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended repair, daily entry, or excessive range of entry time are probably all "abuses" which you have the legal right to prevent.
Do you believe my privacy rights as a tenant were violated because of this?
Please forward it to the appropriate person/department because I need an answer to sue in small court for $5000. Thanks a lot
