Q & A with Prop West

Landlord Right to Enter

Q) Repairs need to be made to the inside of a unit. The tenant said the workers cannot have access unless they are present. Since, the tenant works, they will only allow the contractor to come in on weekends. This will add additional costs to the job. Does the landlord have the right to enter?

A) Owner's are not obligated to follow tenant's requests. To gain access to a unit, a landlord needs to serve a 24-hour notice, which states the date, time, and reason why access is needed to the unit. Unless, a previous arrangement is made with a tenant, request for access should be from Monday to Friday, during normal business hours. The tenant has no right to demand a specific time that contractors may enter the unit.

Partial Payments of Rent

Q) A "3-Day Notice to Pay the Rent or Move Out", was served on a tenant. The tenant came with a partial payment and said the landlord had to accept it since it was within the 3-day period. Does a landlord have to accept a partial payment of rent?

A) A landlord does not have to accept a partial payment in rent. If a tenant does not pay the full amount, within the 3-day period, an unlawful detainer can proceed. If a landlord does accept a partial payment, a new 3-day notice for the amount currently owed should be served.

(apartment owners association magazine August 2008)