Dave’s at the SF Appeal to answer your questions every Wednesday, so send them to him at tenant@sfappeal.com
So, I just got this letter in the mail from the real estate company who owns the apartment building I’ve live in (about 15 units), and it just seems weird to me:
INSPECTION OF PREMISES – for Unsanitary Living Conditions, Hoarding, Alterations, Pets, and growing, cultivation, sale or use in any form of marijuana.
The owners and management company will notify and issue a 24-hour notice to inspect the units and building for Unsanitary Living Conditions, Hoarding, Alterations, Pets, and growing, cultivation, sale or use in any form of marijuana to protect and secure ALL tenants in the building.
IMPORTANT NOTE
Refusal to allow access is just cause ground for eviction Please do not lock the bedrooms, our owners; contractor and insurance representative would like to see the condition of each room.
Your advance cooperation is greatly appreciated by the Owners and [redacted].
Do no hesitate to contact this office if you have any questions or comments.
(All whacky punctuation is theirs.)
So, first, the obvious: Marijuana growing or any kind of use?? Are they going to check all the ashtrays and garbage cans for roaches and seeds? How much are they allowed to search? And ARE they allowed to search for something like a half smoked joint somewhere on the premises? I realize pot is illegal, and that counts as illegal activity, but do I really have to toss my stash? (Just kidding. Of COURSE I don’t have a stash!)
Second, does 24-hour notice have to come in the form of a phone call? Or can they mail a letter that I might not get until the day of or after the inspection and have that count as 24-hour notice? And do I really not have the right to insist on a different day if I prefer?
Lastly, who decides what counts as “hoarding” anyway? Could they evict a tenant for having too many magazines stacked next to the bed because they deem that as hoarding? I mean seriously, WTF? And even if they were to claim something like that as hoarding, can they evict you then and there, or does a tenant have a legal right to rectify the situation and keep their apartment?
From what I understand of the code about landlord entry and from your earlier column, they can only come in the case on an emergency, to make repairs etc. that we’ve agreed upon, or to show the unit to potential buyers or tenants. I guess the real question is, are they allowed come in for the reasons they are listing?
If they aren’t, then they can’t really evict me for refusing, right? And, if they aren’t allowed to come in for this “inspection,” and were to do it anyway, essentially illegally, then how could they use anything they find as a legal means of eviction?
But seriously. Looking for POT? And hoarding? WTF?!
