San Francisco, CA 94132

September 13, 2003

Amy Sexton, Manager

Lakewood Apartments

515 John Muir Drive

Dear Ms Sexton:

On behalf of our members, this is to advise and caution you that your notices of intent to enter apartments for the purpose of cleaning debris from patios may be a violation of Civil Code 1954. Although Lakewood Apartments may have been responsible for depositing such debris on tenants’ patios, and while some tenants may have requested that you clean up such debris, nothing in your notice suggests to me that this is “necessary” within the meaning of the law. Some tenants will probably welcome your intent to clean up the debris. However, I believe any tenant would be within their rights to exclude you from doing so and to contract with cleaning services of their own choosing to perform the work and obtain reimbursement of such expenses from you. Therefore, your statement in the notices, that you are not willing to make appointments, is inappropriate. In addition, your statement, to the effect that any tenant that does not want the clean-up should call the office, does not excuse the fact that the notice and the entry, if it occurs, may still be a violation of the law. If you proceed to enter any tenant’s apartment without permission, you will have done so with notice of the requirements of Civil Code 1954 (which the management is responsible to have knowledge of in the first place and which I presume, therefore, it does), which reads as follows:

1954. A landlord may enter the dwelling unit only in the following cases:

(a) In case of emergency.

(b) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.

(d) Pursuant to court order.

Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents at the time of entry.

The landlord shall not abuse the right of access or use it to harass the tenant. Except in cases of emergency or when the tenant has abandoned or surrendered the premises, the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice may be

personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

Sincerely,

Lakewood Tenants Association

Ross Wilkinson, Vice-president

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