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Q.What can a tenant do if the landlord enters the apartment illegally?
A.If the landlord illegally enters a tenant's apartment, the tenant should: (1) Keep a log of all known entries and speak with neighbors who may have either had similar experiences or witnessed the entries; (2) Send a letter to the landlord via certified mail return receipt requested demanding that the illegal entry(ies) stop, that 24 hours written notice be provided for future entries, and that entry will only be granted for legal purposes and then only during normal business hours on weekdays between 9:00 a.m. and 5:00 p.m., absent a true emergency; and (3) if the illegal entries continue, consider installing a video device (like a nanny cam) and suing your landlord in Small Claims Court for up to $5,000 for breaching the Warranty of Quiet Possession (California Civil Code §1927) that is implied in every lease.
To bring such a claim, however, you must be able to show proof that the landlord, manager or other agent of the landlord is illegally entering your apartment. Simply saying, I know he is won't do.
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