california real-estate rental-property
3 day notice to cure breach or quit over a dirty bathtub
<p>I am very frustrated with my landlord.  They inspected my unit while I was at work and yesterday they posted on my door a 3 day notice to cure breach or quit over a "dirty bathtub".  They didn't even give me a warning about it.  In my opinion, it's not that dirty and certainly not to the extent requiring a legal threat.  </p>

<p>Also I noticed a typographical error on the notice.  Instead of "Address of : Unit name" it was "Address if : Unit name"</p>

<p>I've always paid my rent on time and I am very quiet.  I am pissed they would treat me like this.  I am thinking of the fighting this.    </p>

<p>Is it standard operating procedure to threaten tenants over such a small infractions?  If I take this to court, is a judge going to issue an eviction order over a bathtub whose cleanliness is debatable?  How can I take advantage of the typographical error?</p>

<p>Clean your tub. Scratch that off the list.</p>

<p>Typo - forget about it, there is nothing here, clerical errors are curable if not outright reasonable.</p>

<p>In CA your landlord can enter under certain circumstances. All but emergency require notice, agreement, or your presence. But what is your remedy? A civil suit for damages or call the cops and try to get the landlord charged with criminal trespass under CAL. PEN. CODE § 602.</p>

<p>If anyone runs to a similar issue, here is the relevant law:  </p>

<p><code>Some landlords seek to perform periodic inspections (usually once a year) to look for any needed repairs or unsafe conditions, such as inoperable smoke detectors, water leaks, mold, termite damage, tripping hazards, etc. While periodic maintenance inspections can be beneficial to tenants and landlords, California law does not give a private landlord the right to enter for that purpose unless the tenant consents. Any rental agreement provision that allows a landlord to enter for such inspections without the tenant’s consent is unenforceable. Evicting a tenant who refused to allow such an inspection would constitute an illegal retaliatory eviction.</code></p>

<p><a href="http://housing.org/wp-content/uploads/2012/03/Landlord-entry-annual-inspections.pdf" rel="nofollow">http://housing.org/wp-content/uploads/2012/03/Landlord-entry-annual-inspections.pdf</a></p>

<p>So their initial inspection was illegal, and the inspection they will do in a few days will be illegal.  I will never consent to them entering my apartment.  If they start legal proceedings against me, I will be vindicated in the end.  </p>

<p>I will not clean my bathtub if don't want to, gosh darn it!  This is America!</p>

<blockquote>
  <p>Is it standard operating procedure to threaten tenants over such a small infractions? </p>
</blockquote>

<p>Maybe, we don't have enough information; all we know is that they have done it at least once, to you. Wrong question anyway; it doesn't matter if it is standard practice; it matters if it is legal. I don't know enough about California tenancy law or your lease to say.</p>

<blockquote>
  <p>If I take this to court, is a judge going to issue an eviction order over a bathtub whose cleanliness is debatable? </p>
</blockquote>

<p>Maybe , depends on the judge, depends on the law, depends on the facts. By the way, when you say "cleanliness is debatable" and "not that dirty", I hear "not clean"; maybe a judge will hear the same thing?</p>

<blockquote>
  <p>How can I take advantage of the typographical error?</p>
</blockquote>

<p>You can't; an error that insignificant will not invalidate the notice.</p>

<p>You need to ask <em>yourself</em> some simple questions:</p>

<ul>
<li><p>do you want to keep living here? If so, don't piss off the landlord and clean the bath!</p></li>
<li><p>if you don't want to keep living here; do you want to spend a lot of time and money fighting for the right to live somewhere you don't want to?</p></li>
</ul>
