Can I demand my landlord follows state law even if the lease agreement says otherwise?

My landlord believes that TWO hours is a reasonable amount of time to let me know they need access to the premises, and more importantly, she believes she only has to give me notice when showing the unit to a prospective new tenant. 

California law states 24 hours written notice is a reasonable amount of time and is required, unless the landlord needs access due to an emergency. 

Update:

Here’s a tidbit of backstory. 

Tuesday morning at 11am my landlord texted me saying there is a repair man here to fix her (my landlord) dishwasher and stove. She gave me zero, nada, zip amount of notice beforehand that she needed a repair person to come by. She told me that the repair man needs access to my unit because I have the main circuit breaker. 

I responded by saying, “no, and I need at least 24 hours notice.” She believes she can gain access to my unit whoever she wants just because. 

18 Answers

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  • 1 month ago
    Favorite Answer

    Here's the deal.The law says that reasonable notice is required.  The law specifies that reasonable notice is 24 hours in advance in most situations.

    There is no law that says that the landlord can't ask you if the person can come in with less notice.  If you said "no", she didn't send this person over until Wed, then that's all that happened.

    Remember:

    You want to be a jack *** to her... then you can expect her to be less than accommodating with you, when/if you need something.

  • John
    Lv 4
    4 weeks ago

    that access is based on state contract  law. thats what the contract is. their "walkin access" according to you is by giving you 24 hours. then they have access. unless they ask and you let them. the second is outside the contract.

    i dont see the problem. charge the landlord with breaking and entering if she gpes in outside the contract without uour permission. 

  • 1 month ago

    Landlord cannot get around state law. 24 hours written notice is the MINIMUM required. You can deny access if they fail to provide proper notice, possibly take legal action against them.

  • 1 month ago

    You signed a contract allowing 2 hours.  That is for any entry.

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  • 1 month ago

    I think you're being slightly unreasonable. A repair had to be made and your  unit has the main circuit breaker. You can ASK the landlord to give you more notice, but honestly, if he actually got a repairman out to do work, in this time of pandemic, you should count yourself lucky. Be a nicer person. Don't act like a jerk. 

  • 1 month ago

    Maybe I'm confused, but when a tenant requests a repair, there is no notice required to be given by the landlord since you, the tenant asked the landlord to come over and do the repairs.  They may give you a courtesy notice to put away pets or get you up and dressed.

  • 1 month ago

    You are making some "unreasonable" assumptions.  The law in California about notice is NOT what you are assuming.  It provides for "reasonable" notice ONLY.  Reasonable notice is vague and leaves the interpretation up to the person interpreting.  If he thinks TWO hours is reasonable, that is his decision.  You are stuck with it.  You may think 24 hours is reasonable and so might others.  So might others think that two hours is reasonable.  You can argue it until you are red in the face.  It won't do you any good.  You have notice about the appliance needing repair.  That provides for ongoing notice until his man is available to come and fix it and comes to fix it. You have no right to demand 24 hours notice and if you insist on it, expect to be evicted.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • 1 month ago

    Yes. Illegal clauses in a lease are not enforceable. Demand she follow state law. Have a copy of the California landlord/tenant law to show her.

  • Maxi
    Lv 7
    1 month ago

    The landlord is not above the law......

  • Anonymous
    1 month ago

    State law trumps lease.

    For example, if you sign a contract that says you agree to let someone murder you, that doesn't make it legal for them to murder you.   

    Does that mean that if you tell them it's illegal and demand not to be murdered that they can't/won't murder you?   No.

    Some people don't care about the law.

    You may need the help of a judge to enforce the law. 

  • Anonymous
    1 month ago

    I don't think he CAN do that, but better check with a lawyer .......................

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