California Clauses Allowing Landlord Control Over and Access to the Demised Premises

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Multi-State
Control #:
US-OL602
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Description

This office lease clause details the conditions under which the landlord is allowed access and control over demised premises. This form also states under what conditions the tenant will and will not be permitted access to demised premises.

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FAQ

It Is Illegal For Landlords To Harass Their Tenants Whether physical or verbal, all landlord harassment has the same goal?to force the tenant to move out. Harassment is when a landlord uses persistent aggressive methods, fraud, coercion, or intimidation to get a tenant to do what the landlord wants.

Landlords cannot raise rent more than 10% total or 5% plus the percentage change in the cost of living ? whichever is lower ? over a 12-month period. If the tenants of a unit move out and new tenants move in, the landlord may establish the initial rent to charge. (Civ. Code § 1947.12.)

The landlord must give you 24-hour advance written notice before entering. The notice should state a specific time of entry, which must be during normal business hours.

A landlord may have the right to enter his property, even against his tenant's wishes, as long as he has given proper written notice and the entry occurs during ?normal business hours.? California requires a landlord provide ?reasonable? advance notice of intent to enter and considers 24 hours ?reasonable? absent ...

When a tenant breaches a lease, a landlord must take affirmative steps to lessen the damages caused by the breach. California Civil Code section 1951.2 allows a landlord to recover damages for unpaid future rent only if the owner ?acted reasonably and in a good-faith effort to mitigate the damages.?

?Lockouts? It is illegal to try to "evict" a tenant by locking them out, shutting off the water or electricity, or removing their personal property. The only lawful way to evict a tenant is to file a case in court and go through the legal process.

Unless it is an emergency you are entitled to notice. A: Civil Code section 1954 covers the landlord's right to enter a dwelling unit. It does NOT provide for general "inspections".

Civ. Code §1954 states that 24-hours' notice prior to entry ?shall be presumed to be reasonable notice in absence of evidence to the contrary.? This means that notice is required at least 24-hours prior to the desired entry by the landlord unless your lease provides otherwise.

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California Clauses Allowing Landlord Control Over and Access to the Demised Premises