Manager Has to Give Notice Before Entering Apartment

Robert S. Griswold | Steven R. Kellman | Ted Smith
13-April-2003 Sunday

This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on News Radio 600 KOGO, or on the Internet at www.retodayradio.com), and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

QUESTION: My husband and I have been living in an apartment for about one year on a month-to-month basis. Due to my husband's job relocation, we gave a 30-day notice to vacate the apartment. Now my apartment manager comes twice a day to show the apartment to prospective renters.

She calls me five minutes prior to coming to ask my permission. I have not refused yet but have argued with her about it. She said it's her right to enter and she could enter in my absence.

ANSWER: Property Manager Griswold: The manager is right -- with a clarification. Owners or their agents can enter your rental unit under California Civil Code section 1954 for the purposes of showing the property to prospective renters if you have given your notice to terminate your rental agreement and they have either received your verbal or written permission or if they have given you a 24-hour written notice of their intent to enter.

The landlord can only enter the premises during normal business hours unless you allow otherwise. The law changed as of Jan. 1 to require a written rather than just a verbal notice. The written notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice.

If the notice of entry is mailed to the tenant, it must be postmarked at least six days prior to the intended date of entry.

The new law also requires the landlord or their agent to leave written evidence of the entry inside the unit.

Work with your manager to agree upon a schedule or a minimum notice so that you can plan accordingly.

Switcheroo

Question: We moved recently and our former apartment manager said we would get our full deposit of $900 back if the kitchen and bathroom were cleaned and the rest of the apartment had sustained reasonable wear and tear.

I talked to the handyman who was renovating the unit and he said he'd recommended the full refund of our deposit.

A professional property management company now says they have assumed responsibility for collecting money we owed the apartment owner for damages and cleaning fees, which was greater than our deposit.

The original manager and handyman are no longer employed there any more, and the new management company is ignoring our requests for resolution.

Landlords' attorney Smith: I encourage my property management clients to make management changes as smoothly as possible. It seems to me that you are entitled to the return of your security deposit. A change in management company will not alter this. The management company is simply a new agent for the same owner.

You left the premises in good condition and repair, which was acknowledged by the handyman. Under these circumstances, there is no reason why you should not have gotten your entire deposit back. If your deposit is not returned, you will have to take the landlord and the property management company to small claims court.

The landlord and the old property management company are both responsible to you for the deposit. You should name both of them as co-defendants, then they can sort it out between the two of them as to who should pay the deposit to you.

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold.sdut@retodayradio.com

Copyright Union-Tribune Publishing Co.

Back to 2003 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com