Tenant's Notice of Privacy and Trespassing Letter


If it’s been difficult trying to get your landlord to make repairs, or you just want to make a formal request, this letter will serve that purpose. This letter is designed for serious issues in need of repair at the rental property, but may also be used for any repair request. One important item to note is that a tenant can give notice of a “necessary” repair and a landlord is required to make those repairs within “reasonable” time. “Reasonable time is usually 30 days, per California Civil Code Section 1942. However, if the condition is serious enough, “reasonable” time may be much shorter. For example, if there is no hot water, “reasonable” time may be just two to three days. What if the hot water heater broke down on Saturday night? There may not be a plumber available to repair the water heater. This letter is designed to notify a landlord who has past “reasonable” time, and clearly fails to get repairs done when they should.



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Timmy Tenant
1234 Somewhere St.
Los Angeles, CA 90000

Date:/01/01/2017

Lucy Landlord
789 Nowhere St.
Los Angeles, CA 90000

Via U.S.P.S. Certified Mail with Return Receipt

RE: TENANT’S NOTICE OF PRIVACY AND TRESSPASSING – CIVIL CODE § 1954

Dear Ms. Landlord:
This letter constitutes formal notice of trespassing and request for privacy at the property located at _____________________________________________________________________ (property address). Please keep in mind, when a landlord rents a property, the tenant has temporarily bought the exclusive right to use and possess it. The landlord has legal title, and the tenant has possessory title. No one, including the owner, landlord, or manager, may enter the property without permission. The tenant has exclusive, uninterrupted, and private right to the property.

California Civil Code § 1954 states that a landlord must provide a minimum of 24 hours written notice to legally enter the property unless in cases of an emergency, and only for the following:

  • (1) In case of emergency;
  • (2) To make necessary repairs or services;
  • (3) To show the property to prospective tenants;
  • (4) For initial inspection per Civil Code § 1950.5.

The notice must also state the date and time of entry and must be during normal business hours, unless the tenant gives consent otherwise. Without consent or the above listed legal reasons, even a landlord, or a property manager acting with the landlord/owner’s permission, is trespassing.

Therefore, this Notice is to remind you that your recent actions constitute trespassing, along with breach of contract, breach of quiet enjoyment, invasion of privacy, harassment, and you are legally liable for such. In addition, please be aware that retaliation against a tenant, including issuing a notice to terminate tenancy, is protected under Civil Code § 1942.5. If you plan to evict me for exercising my rights under the law, you will also be liable for that as well.

This notice is a warning to prevent any future violations of privacy and trespassing. However, it does not relieve you of any liability for what has occurred up to this point.


Sincerely,
________________________________
(signature)
Timmy Tenant


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