My landlord comes into my enclosed backyard without asking me. It’s annoying and I’ve heard that a landlord needs to give a tenant notice, but I’m not sure who to go to about this. Is this legal? Do I have any recourse?

If you come across a situation that makes you wonder if your landlord is treating you right, give Fair Housing Napa Valley a call at 224-9720. That’s what I did to find your answer. I talk to Fair Housing Director Steve Cogswell, who told me that California Civil Code lays out the guidelines for a landlord entering a rental property. Here’s the deal:

A landlord has to give a tenant proper notice before entering the rental property. This means written notice 24 hours prior, given to the tenant or another person who can reasonably be expected to give the tenant the notice. The landlord could drop the written notice off at the rental unit 24 hours ahead of the visit or can mail it six days prior.

That’s unless the landlord has given written notice that he’ll give oral notice, in which case the written notice has to be recent — within a week — and the oral notice has to follow it up.

The code limits the reasons a landlord can come into the dwelling, too. It has to be an emergency, or to make repairs that are necessary or agreed upon by the tenant and the landlord. The landlord can also come in if he has a court order to do so or if a tenant has abandoned the property. Remember, the Constitution protects citizens from unlawful searches. That trumps California civil code, so that’s the bottom line. The landlord has to follow the guidelines and can’t just enter the dwelling to harass the tenant.

Of course there are some exceptions, but they don’t give the landlord free rein. If the landlord is selling the property and gives the tenant 120 days’ notice, he can just orally notify the tenant that he will bring prospective buyers in.

As a renter, though, you have the right to refuse entry to the landlord. You can say no. But then the landlord can then get a court order to evict you. Cogswell said this is a rarity, and telling the landlord that you want him to respect your rights as a tenant and follow the rules usually does the trick.

Fair Housing Napa Valley’s primary role is to enforce and educate the community on fair housing and housing discrimination rules. It also offers tenant and landlord mediation. Landlords can get advice from the nonprofit, too. FHNV gets grants and funds from Auction Napa Valley, the state department of Housing and Urban Development and other groups.

If you have more questions or want to get advice on how to talk to your landlord, you can call the people at Fair Housing Napa Valley. They understand that each situation is different and will help you find an approach that will work for you. They don’t want to send you in with guns blazing to start a power struggle with your landlord. They want to help you increase the peace, while exercising your rights.

What is Glad You Asked?

Glad You Asked attempts to answer readers’ questions. If you’ve got questions lurking around uninvited in your head, be firm. March those questions straight to me at jdecker@napanews.com or 256-2215. I’ll find the answer so you can enjoy peace of mind.