Rental Basics in 95054>Question Details

MarySmith, Renter in Santa Clara, CA

Can a landlord bring over contractors to take bids on improvements in a 3-day pay or quit? Can he extend for the subtenant but not to the tenant?

Asked by MarySmith, Santa Clara, CA Fri Sep 28, 2012

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5
Hello MarySmith

Regret to hear of your situation, but any well written lease will clearly indicate
that a landlord has a right to enter the property after giving you sufficient notice.

Clearly, the tenant is in default of rent and hence the landlord has given a 3 day notice to
pay or quit.

Yes he can ask a sub tenant to stay and ask the tenant to leave. It comes down to paying the mortgage. Time for the tenant to move on.

Good luck
Perry
0 votes Thank Flag Link Sat Sep 29, 2012
Most lease agreements I've seen allow the landlord to gain access to the property on short notice (24 hours) for basically whatever reason he desires (inspections, etc). However that doesn't give him the right to make the property difficult to live in. If your lease is up, the landlord would seldom be required to extend it. A lease that is not extended most often automatically converts to a month to month rental. If the landlord wants you to move out he has to typically provide 30 days notice.

The simplest way to view it is that the landlord has given you the right to exclusively live in a inhabitable environment in exchange for money. He needs access to the property to be sure it is in good condition and to maintain it. He is required to maintain it. If the landlord goes outside of that, it can cost him. It can cost the tenent if he interferes with the rights and duties of the landlord.

The City of Santa Clara refers people seeking information to Project Sentinel for more information.
http://housing.org/tenant-landlord-assistance/communities-we…

Juliana Lee
Keller Williams Realty
Web Reference: http://www.julianalee.com
0 votes Thank Flag Link Fri Sep 28, 2012
Yes! He can do this. In fact all he needs to do is give the tenant a 24 hour notice. And apparently he did that and the tenant refused and now they are being hit with the 3 day pay or quit. This would mean pay past rent of allow access to the home or the tenant will be evicted. Read your lease it will contain a clause that says the owner has the right to enter the home at anytime with a 24 hour notice.
0 votes Thank Flag Link Fri Sep 28, 2012
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Here is the link to the California Landlord Tenant Handbook. It should clarify the rights of each party.

The first thing I tell people is to read their lease. The lease is what you and the owner have agreed to. Keep in mind, although you each have legal rights, he is the owner and if he has given a 3 day pay or quit the tenant has probably breached their lease. This person owns the property and probably has mortgage to pay as well. How would you deal with the situation if it were reverse? This landlord also will be the reference to the tenant when the tenant is looking for their next lease. If both parties can work this out it could be a win win.

All the best to you.
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Fri Sep 28, 2012
Can you clarify your question?
Are you asking if the landlord can have work done on a rental after he has given notice to a tenant to pay rent or quit?
As long as a tenant occupies a rental, they have the right to "quiet enjoyment" of the rental. In other words, the landlord can't send in a crew to intall upgrades that would inconvenience a tenant or deny use of all or part of the property. The landlord CAN make repairs, but generally not upgrades unless you agree to them. Until your lease expires or you are legally evicted, all your rights as a tenant remain in place. Even if you fall behind on your rent.
The question of sublets is a bit more complicated. Some landlords structure their leases so that the sublet agreement is more between the landlord and subtenant than it is between tenant and subtenant. They do this to have more control over the subtenant in the event that the tenant becomes a flake. Other landlords go the other way, making the subtenant the complete responsibility of the tenant and making the subtenant agreement void if the primary lease is terminated.
If you're having trouble with either of these issues, I recommend you speak with an attorney who specializes in landlord/tenant law and can advise you properly on your specific situation.
0 votes Thank Flag Link Fri Sep 28, 2012
Thank you for your reply. Yes, the question is if a landlord after giving a 3-day pay or quit notice can bring over contractors 1 of those 3 days. The landlord and/or contractors were only supposed to be outside. One person that the landlord identified as a contrator he let in the house. They opened up the door to my bedroom. I felt very uncomfortable as I had possessions visible which were very private. The landlord then told me 30 minutes later that it was the new property manager. He also left the backyard gate open. My dog escaped and it took 2 hours to find her. Day one of 3 was almost a complete loss. I feel as if i was not given proper time to remove all of my possessions from the house. I was forced to leave some prized possessions. My subtenant was allowed to stay 5 days after end of the 3-day pay or quit despite the fact that i paid the entire rent 90% of the time. The subtenant left me my things however the landlord says he didn't. What can I do?
Flag Fri Oct 5, 2012
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