16 Apr Security of the Premises | Owner Update
Peaceful and Secure Enjoyment
Everyone is entitled to the peaceful and quiet enjoyment of our real property. As homeowners, we have a legal right to use our homes and property for our own enjoyment so long as that use does not infringe on the quiet and peaceful use of the property belonging to our neighbor. This simple process works well in quiet, peaceful residential neighborhoods where landlords tend to live. It is not always the case in the dense apartment and rental neighborhoods.
Tenants have the same right to the quiet enjoyment of their rental property as a homeowner. When a tenant rents an apartment or house, they have obtained a ‘property right’ to that rental property. Under the law, they have an estate equivalent to that of ownership; the tenant has ‘ownership’ for a specified period of time. This ‘ownership’ is real and enforceable in the courts under California State law.
Under State law, tenants have the right to quiet and peaceful enjoyment of their rental property. This means their property cannot be entered without notice. California State law specifies a minimum twenty-four-hour advance written notice before entering the property in tenant possession, except in the case of an emergency. Tenants with this legal right abused can seek redress in the courts through/ money from a Small Claims Court Judge.
When a property is on sale, CRESTWAVE Property Management goes to great lengths to remind the listing real estate agent of their legal responsibility to respect the rights of tenants in possession. While the typical Realtor is a hard-charging individual focused on the only objective of selling the property, it is imperative that the Realtor does not place the owner in jeopardy of legal action by trampling tenant rights. Just as the landlord/homeowner would be incensed by a tax collector knocking on the door demanding entrance to their home, so is a tenant by an eager Realtor knocking unannounced on their door demanding entry.
However, rights to privacy and quiet enjoyment go beyond overly ambitious Realtors. Tenants want to know they are secure in their homes as well. Recent State of California laws has added new minimum requirements for tenant safety. These new laws require deadbolt locks be installed on entry doors, in addition to standard keyed entry locksets. The law is very detailed in its specifications regarding the length of deadbolt locking bolt throw as well as single versus double keyed locksets.
Crestwave Property Management, your Long Beach property management company, works diligently to follow these new requirements under State law on behalf of property owners. While finding charges for lock installation in an apartment that was perfectly fine before might be alarming, it is a matter of law. Failure to comply can result in monetary fines against the property owner. Additionally, the tenant can claim damages against the owner if they were harmed as a result of failure to provide legally required deadbolt security. Damages from burglary, robbery, or assault could be substantial, and deadbolt compliance could mitigate owner liability.