Just Leave Me in Peace!

Published on March 08, 2024

By: Rico Fenix, Paralegal- Investigator, Alameda City Attorney’s Office

Paul, an Alameda resident, has lived in the same apartment for many years. He has always been fond of his privacy: Paul likes to be left alone, to mind his own business. When a new owner, Piou, recently bought the property, everything changed, and Paul’s privacy was put in jeopardy.

It all started when Piou began sending notices for unspecified “inspections” of Paul’s unit, almost weekly. Paul would meticulously prepare his home for the inspections, setting aside a day off work to accommodate Piou's schedule; but the landlord would never show up.

Even worse was when Paul caught Piou entering his unit, without any prior notice, to take photos which he claimed were necessary for listing the property. Paul confronted Piou, hoping to resolve the issue amicably. Instead, Piou unleashed a torrent of insults, derogatory language and even threats of eviction.

Paul, in a final attempt to resolve the situation, penned a letter to the owner asking that he stop serving the inspection notices and entering without notice, lest Paul be forced to take legal action. Piou responded by saying that if Paul wasn't content with his living situation, he should simply move out. For Paul, this was a moment of clarity—he loved his apartment and finally realized that if he wanted to stay, he would need to seek help. So, he filed a complaint with the Alameda City Attorney’s Office.

In the above scenario, the owner violated several different laws. In the first place, management can enter a tenant’s home only in certain limited scenarios – such as an emergency, to make agreed repairs, or to show the unit to possible buyers. Simply making "inspections" is not a valid ground to enter. In any case, owners always need to give 24-hour written notice before coming in.

Also, management can’t invade a tenant’s privacy, such as looking through their things or taking photos.

The City Attorney’s Office helped to educate Piou about the law and his responsibilities. The harassing “inspection” notices have stopped, as have the invasions of Paul’s privacy.

If you have a question about the law or a complaint in the City of Alameda, contact us at 510-747-4775, or email rfenix@alamedacityattorney.org. The Alameda City Attorney’s Prosecution and Public Rights Unit enforces the law and educates the public on issues including tenants’ rights, workers’ rights, and consumer protection.

(The names and facts have been changed, but this story is similar to cases we have handled.)