Q) I had a pipe burst in the unit, which has caused damage to my rental. My tenant refuses to cooperate with my reasonable and prompt efforts, what should I do?
A) Civil Code Sect. 1941.1 imposes on the landlord the DUTY to maintain the rental premises in a habitable condition. If your tenant won't cooperate with your reasonable efforts to make repairs, it is a fair inference that your tenant is trying to obtain an undeserved rent concession from you. Serve your tenant with a "Notice of Intent to Enter..." You should post this notice on the door stating the date, time and reason why you are entering the premises. The work should be done Monday-Friday, during normal work hours of 9:00 am to 5:00 pm. If there is no answer at the door, you may use your passkey. If that does not work, you may call a locksmith. If the tenants is there and refuses your entrance, call the local police. Do whatever it takes to get the problem fixed. Only by doing this can you "cut off" your tenant's claim for rent concessions. Civil Code Section 1954 gives you an absolute right to get in and do the work, with a written notice.
(taken from AOA magazine; May 2009)
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