Illegal entry by a landlord in California?

Actually not much recourse Christin...the law is very clear regarding what your landlord SHOULD do. Advance notice, (preferably in writing,) stating the date, time, and purpose for entry, etc. However, the same laws are rather lenient regarding civil penalty toward the landlord. Most civil actions require documented proof of warning to the landlord, and more than one occurrence of unlawful entry. In other words, the law is basically on his side. To pursue it at this point would cost you time and money and result in nothing more than a slap on the wrist for him. Worse yet, he would more than likely make your life miserable after the fact. Hopefully he has learned his lesson!

It is illegal for a landlord to enter his tenant's apartment without that tenant's permission unless: 1) He needs to perform maintenence/repairs, or renovations and gives proper prior written notice (24 hours, in most states) 2) A dire emergency exists, such as a fire, burst plumbing, medical emergency, etc. which makes it genuinely unfeasable to acquire permission prior to entering. But whether or not you have a case against your landlord really depends on what kind of relationship you had with that boyfriend. If he was living with you in that apartment for any length of time and the landlord had no knowledge of you two breaking up, he may then have had sufficient reason to treat him as a lawful occupant and thus your boyfriend could have legally given him permission to enter. Actually, it is because of situations such as these that I have a strict policy of not allowing any other occupants in any apartment in my building, other than the persons originally specified in the lease. Perhaps if you post more details of the situation, we could be of more help here.

You'll notice that 1954 does not contain any specified damages or remedy. Therefore, your suit would be for trespass. Breach of covenant of quiet enjoyment (Section 1927) requires substantial conduct by the landlord, and inadvertently opening a door likely doesn't rise to "substantial conduct."

But, seriously, given the facts that you cited, namely that the entry was accidental and the inspectors left immediately, I don't see any judge awarding you anything significant, if anything at all. But, that's just my opinion. So, do what you gotta do.

My suggestion: Call one of those lawyers that offers a *free* consultation.

You can sue, but he can also evict you and/or make your life very difficult.

I would forget about it, and chock it up as a loss.

In California (as in most other states), future landlords will not rent to you if you've ever taken a landlord to court (FOR ANY REASON).

The laws are very unfair to renters, and almost always side with the landlords. The city of Oakland and Berkeley in California have the best "Renter's Rights" laws, but who would want to live there?

As my landlord says in broken English: "If you don't like! ... You buy house! "

No, he did not violate any law. He gave you notice that he would be entering. That written notice is the binding agreement. Anything he said orally to you is not of concern. California law says that landlords may enter for a legitimate purpose if they give you notice. While it would have been considerate of him to honor your wishes, there is no law that says he has to, unless it's in the notice.

At times, your landlord or apartment management may want to enter your apartment to show it to prospective tenants. You should always be given advance notice of such showings. If your landlord repeatedly shows your apartment with reckless abandon and without notification, address the issue with the landlord directly, making sure to document some evidence of your complaint. If his or her behavior continues despite your request, you may be entitled to move out or sue your landlord for invasion of privacy. If you vacated the premises, you’d be trying to pass off the consistent entrances into your apartment as a “constructive eviction” that broke the terms of your lease by denying you the reasonable enjoyment of your rented space. If you sued your landlord, you’d be trying to recover the damages of living in a state susceptible to unexpected intrusions. Either way, always make sure to seek legal advice from a tenants’ rights organization or a lawyer before taking significant action like moving out of your apartment. After all, you don’t want to be stuck paying rent for an apartment your landlord has driven you to leave.

i found this somewhere else; i think this will leads you to your next step.

http://www.christopherbrainard.com/legal-advice-co...

this is for free legal advice.

good luck of suing. lol

NO you dont have a case because they told you they would be coming in. They dont have wait until you are present. They are being NICE to wait for you. You have no basis for a case. You didnt lose anything. In order to sue someone you have to have suffered a LOSS which you did not!

Embarrassment means nothing in a court of law. DUH