Consumption and Real Estate
What are the laws regarding rental remodeling in California?
Question : What are the laws regarding rental remodeling in California?
I have a 12 month lease and my landlord wants to sell the house at the end of the lease. So he is doing all the remodeling, painting, and showing of the house while we are still living in it. It is noisy and very inconvienient and he is offering very little compensation. What kind of rights to I have under California law for a lease agreement and what kind of compensation do you think is reasonable?
remodeling
Best answer:
Answer by Landlord
CA law does not provide for compensation unless you are required to move out of the unit during the remodeling. Compensation is pro-rated rent for the number of days you could not inhabit the unit.
Other then that the only laws effecting this as your local construction laws regarding hours, most only allow work from 7 am to 7 pm. but your city may vary slightly.
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#2 written by Mr Placid 1 year ago
In the absence of an agreement with the tenant, the landlord’s rights to enter the unit are very limited. They’re all spelled out in California Civil Code 1954. Per the code, the landlord may enter the home (1) in an emergency, (2) to make *necessary* repairs, decorations, alterations & improvements, (3) to show the home to prospective buyers & tenants, provided occupying tenant is given proper advance notice, (4) when the tenant abandons the property.
I hardly think general remodeling & painting is a *necessary* improvement.
You pay the rent, you have a lease. That means you are entitled to *exclusive* possession of the property, with the exceptions noted above. Now, it’s probably not a big deal if the landlord can complete all of this remodeling in one afternoon. But, I would affirmatively balk at any project that is going to extend for several days. You do not have any right to compensation if you agree to this remodeling. But, you do have a right to compensation, and in some cases the right to rescind the lease & sue for breach of lease damages against the landlord, if the landlord proceeds with this remodeling and occupies the home without your approval.
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He does not have to compensate you for the noise. He is entitled to show the house any time. If you don’t like the circumstances you should move and you should get your security back. You can make this a constructive eviction. Your compensation is that you can leave without getting charged for breaking the lease.