Hi. My landlord is not living up to the terms in our lease agreement. He keeps coming into our apartment unannounced and also hasn't taken care of some pretty routine things we've requested months ago.

Hello! Thank you so much for asking this question. I'm happy to help. I just had a few questions: 1. Can you clarify what specific notice period your lease agreement requires before the landlord enters the apartment? 2. Have you made any formal, written maintenance requests to your landlord, and if so, what was the response?

Ok thanks! Just a few more questions. 1. Has he suggested any reasons why he is coming in unannounced? What does he want? 2. What state is this in ? 3. Yes, I can review the lease agreement. Lease agreement reviews are a little extra (around $***); however, I think that depending on your answer to those previous questions, I may not even need to see it. 4. Also, how long ago did you make the request for the repairs?

Ok got it! Every rental agreement contains an implied covenant of quiet enjoyment, whereby the landlord impliedly covenants that the tenant shall have quiet enjoyment and possession of the premises. (Civil Code Section 1927. - https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=1.&article=#:~:text=1927.,(Enacted%201872.) )  In other words, your landlord needs to stay out unless it's an emergency. The measure of damages is up to $2,000 under Civil Code Section 1940.2 ( https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1940.2.&lawCode=CIV ) for each violation.

As far as the repairs, California law prioritizes public health and safety, requiring landlords to keep rental units habitable. If a rental unit is uninhabitable, tenants have the following options: Tenants can withhold rent if there’s a serious defect, the landlord was informed (verbally or in writing), and was given a reasonable time (often 30 days) to repair but failed to do so (Green v. Superior Court, 1974 - https://scocal.stanford.edu/opinion/green-v-superior-court-30265 ). Tenants can repair the defect themselves and deduct the cost from their rent, provided the repair cost is under one month’s rent, and they haven’t done this more than twice in 12 months. The defect must make the unit uninhabitable, and the tenant cannot be at fault (Civil Code Sections 1929, 1941.2 - https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1941.2&lawCode=CIV ). A tenant may choose to move out (Civil Code Section 1942(a) - https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1942&lawCode=CIV ). A tenant may sue the landlord in small claims court to compel repairs or seek financial compensation.

So here is what you can do: 1. If you send me the times of entry and a list of the still-needed, I can draft a demand letter on your behalf to email to the landlord for $***. 2. If you would like, you can get a demand letter of your own. I drafted one and you can find a template here -https://www.contractscounsel.com/t/document-form-checkout/256. You can send this in any way want. It can be text, email, certified mail, or in person. I usually send letters via email because it’s faster and cheaper. 3. If the landlord either enters again or fails to make the repairs, consider suing in court for this. You would be entitled to some compensation as a result. Was that clear or were there any details I may have missed?

Sure! I hope I’ve provided the information you were seeking. If you need more help, please let me know so l can continue to assist you.  If you need any help, you absolutely can hire me through this site. Thanks again! Dolan