James writes in with a touchy question about renter's rights:
Dear AT:LA: one of my co-workers here in the office is having serious problems with the people he's renting a room from. He rents a room out of someone's house, has a drafted lease, and the room is sectioned off from the house with its own deadbolt. He's positive that the landlords have been entering his unit, without notice, and going through he personal stuff. He has a year lease, and he paid first and last month's rent, but now they're telling him that he has to leave a month before it was set to expire. All of these things seem really shady, and possibly illegal to me. I was wondering if you have a phone number for whatever apropriate agencies might be able to help my friend out and how he should go about it.
Renters can find legal information and assistance via numerous avenues listed here.
According to California law, a landlord can enter a rental unit only for the following reasons:
- In an emergency.
- When the tenant has moved out or has abandoned the rental unit.
- To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.
- To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy (see Initial Inspection sidebar).
- If a court order permits the landlord to enter.
- If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements.
The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry. 106 However, advance written notice is not required under any of the following circumstances:
- To respond to an emergency.
- The tenant has moved out or has abandoned the rental unit.
- The tenant is present and consents to the entry at the time of entry.
- The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.
More information here from the California Department of Consumer Affairs.
Here also is the link to the Consumer Pamphlet on your legal rights as a renter published by the California State Bar.
http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10581&id=2185
Just cut and paste this to your browser.
view RJD's profile
If you think this is happening on a regular basis, you should get a wireless security webcam so that you can monitor who is entering your apartment. If you catch them rifling through your things, it will more than pay for itself.
view RichardinLA's profile
Are they saying WHY he has to leave? I agree with RichardinLA to do a security cam.
view shari's profile
Don't listen to the other commenters - they don't know what they are talking about.
First - your friend should consult with a lawyer specializing in landlord/tenant law. Or, at minimum, with a tenant's rights counselor with his/her local tenant's union.
Second, from the description, it sounds like your friend is renting a single ROOM in an owner-occupant's personal residence. (i.e. a room in someone's house) In that case, your friend unfortunately falls into the category of "lodger". Lodgers generally have the same rights as tenants, BUT there are several exceptions. One of these exceptions is that the landlord has the right to enter ALL areas of the house (including the lodger's room) and has control over the entire house.
Also, in the case of a single lodger where there are no other lodgers in the house, the landlord can evict the lodger without formal eviction proceedings. The landlord has to given written notice in the same numbers of days in advance as the number of days between rent payments. This is usually 30 days (one month).
I have no idea how the above is affected by your friend's lease. Nor do I know what is IN your friend's lease as far as evictions, access to the room, etc. Which is why your friend should contact a lawyer or tenant's rights counselor.
view Dave's profile
I agree with Dave -- your friend is essentially a roommate, not a tenant, and therefore has much less in the way of rights. I'm not even sure a tenant's rights organization would necessarily be able to advise him.
If it's sketchy, it might be best for him to just move out ASAP.
view GingerVitis's profile
One more thing -- he might want to check with the LA Housing Department that this is even a legal rental.
If it's not registered with the city, his landlords will owe him all the rent he's paid them, because the lease would be considered void.
view GingerVitis's profile
I still agree with the security camera. If they have taken things, you would have additional recourse.
(Also, if you really want to stick it to them, you could always report the rent paid to them to the IRS. They most likely didn't claim it as income on their taxes.)
view pb's profile