Tenant Troubles: Sorry, CitiApartments, "Routine Inspections" Are Illegal
Dave's here to answer your questions every Wednesday, so send them to him at tenant@sfappeal.com I've rented the same apartment from Citi Properties for...
These are the comments for Tenant Troubles: Sorry, CitiApartments, "Routine Inspections" Are Illegal
(4)
News Headlines
- San Francisco Prepares For Recology To Raise Garbage Rates
- Shooting In Public Housing Complex Leaves Teen Injured
- SFPD Chases Two Financial District Carjacking Suspects To Oakland
- SFMTA Officials Soliciting Public Comment On New Muni Metro Signs
- Woman Sentenced In Disaster-Relief Charity Fraud
- Police Seeking Man Who Tried To Lure Teen Into Van
- New Earthquake Exhibit To Open This Weekend At Academy Of Sciences
- Tipplers Bid Gold Dust Lounge Farewell, For Now
Wil said:
February 3, 2010 6:11 PM
Reply
The quoted notice says nothing about a "routine inspection," it just says the units and common areas are being inspected. Like they would be if, for instance, the bankrupt landlord was trying to sell or refinance the building (or fix it up in preparation for same). Which is totally legal under 1954(2). Nothing in the law says the landlord is required to tell the tenant WHY they're doing it, it just has to be for an allowable purpose.
That said, if I were the tenant in this case I would ask for a justification.
Eve Batey replied to comment from Wil
February 3, 2010 7:19 PM
Reply
But, once a month? That's what the tenant says, they they're being inspected monthly. That sounds pretty "routine" to me.
Dave Crow said:
February 3, 2010 7:41 PM
Reply
Thanks Eve, as you know, I can get surly when it comes to questions like this.
Civil Code section 1954(d)(1) provides in part: "The notice shall include the date, approximate time, and purpose of the entry" The notice does not state a purpose and is therefore, a de facto routine inspection. Add once a month and you're certainly there.
And what about stating the purpose don't you get Wil?
In this case, considering the shiti notice, you don't ask them why, you tell 'em to take a hike. You call the cops if they persist based on this notice.
Dr. Orion said:
September 4, 2010 12:24 AM
Reply
I have an otherwise reasonable landlord. I rent a house with a completely fenced private yard. I have TWO yes 2 pot plants I AM a medical marijuana patient. My disability is visible. Im also a professional psychologist with a license to protect and i know im not breaking the law. The landlord, with my permission brought a workman over to repair a shed. since i knew he'd see the plants amidst the tomatoes and strawberries i decided to tell him in advance about them and my medical clearance. No further mention was made, and the shed was repaired. I decided to move the plants anyway - since i've had them stolen in past - and now a workman has seen them. so they are not on my property now but - before the landlord knew that, he wanted to see my medical papers, claiming that his WIFE is concerend - she works in a police station and doesn't want MY activities to reflect badly on HER..well, of course if she doesn't blab about it - how would anyone even know?
That besides the point - my question is - does he - or anyone, individual citizen, have the right to demand to see my medical papers? I believe i have privacy rights as a citizen AND as a patient. I also have a prescription for vicodin - and have that in the house - but he's not demanding to see my medical records on THAT,,,both substances are illegal without medical clearance, both are covered under medical record privacy laws. Or am i wrong?
In addition = just bcs he owns the house, does not mean its his business - nor his or his wifes responsibility - what i DO in it...im not destroying the property, nor disturbing the peace...its MY private yard and if i garden naked or grow pot in that garden (within the limit) - is not his or anyone's business. Or am i wrong?
I believe i can only be compelled to show any such papers by court order - or maybe if i want to avoid arrest in some circumstances it would be smart and appropriate to show medical clearance - but - just bcs he owns the house?
Im wanting to be clear on my rights here, if you can direct me to someone who can answer these questions?
Thank you,