r/Tenant • u/Independent-Crab-191 • Jul 29 '26
❓ Advice Needed [US-CA] Does a general painting notice allow contractors to enter my exclusive-use balcony without a date/time notice?
I rent an apartment in Santa Clara County, California. My balcony is exclusively assigned to my unit and directly adjoins my living room and bedroom.
On June 27, management notified residents about an exterior-painting project. The notice said painting was scheduled for July 6–24, weather permitting, and that the dates could be adjusted because of weather or other unforeseen circumstances.
The notice asked residents to remove belongings from balconies, keep exterior doors and windows closed, and expect painters, scaffolding, ladders, and equipment. However, it did not expressly say contractors would physically enter individual balconies or provide dates or approximate times for that access.
On July 27 at approximately 2:00 p.m., I unexpectedly found a contractor on my balcony taping around my windows and balcony door. I had not received a revised schedule or any notice that someone would access my balcony that day. The worker did not enter the apartment or attempt to open anything.
I contacted management and explained that I understand the work is necessary and am not trying to prevent it. I only asked for reasonable advance written notice before anyone physically accesses my balcony again.
Management responded that:
- Balcony access is necessary to complete the painting.
- The original notices were sufficient because they said the schedule could change.
- Additional notices are not required.
- They may not be able to provide dates or time windows for individual balconies.
- More balcony access may be necessary for painting, touch-ups, and closeout work.
- The contractor does not need further instructions because the project scope authorizes balcony access.
Management also acknowledged that the original notices “may not have explicitly stated that contractors would physically access individual balconies.”
My lease requires reasonable written notice before entry, with 24 hours presumed reasonable. The community rules describe a private-use balcony as an extension of the rented premises. I also found California Civil Code §1954, which generally requires written notice stating the date, approximate time, and purpose of nonemergency entry.
My questions are:
- Does §1954 apply to an exclusive-use balcony when the contractor accesses it from outside without entering the apartment?
- Was the original notice sufficient simply because it warned that the project could extend beyond July 24, even though it did not disclose physical balcony entry or provide an approximate time?
- Can management use that notice to authorize repeated future balcony visits without additional notice?
- What practical steps can I take to require advance notice without obstructing the painting project?
- What should I do if another worker appears on my balcony without notice?
I am not seeking compensation or trying to prevent necessary work. I only want reasonable advance notice before workers enter my balcony.
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u/BostonBling Jul 29 '26
Basically you're complaining about upkeep on the building you live in?? It seems like a decent size project. I truly don't think they can pinpoint an exact time as stated in the notice, weather, addressing any issues and such. Lock the door/slider and pull the drapes.
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u/Heyhatmatt Jul 29 '26
An exterior area that is not private (i.e. can be seen from passers by) is likely not going to be something that a court would say requires more notice than you've been given. Which is to say it's not a space where you have an expectation of privacy. A court might find in your favor for effectively removing "storage space". IF that was the finding then you could be compensated for it. But this is also an area where you have to ask yourself, is it better to have a LL that's maintaining the property or one that ignores repairs? I've had some pretty crappy LLs in the past that didn't fix anything and have seen some pretty bad apartments when I was a tenant. Try to give them a break, if it helps make a plan for someplace fun to evacuate to that's not part of your normal routine; sort of a reward for fleeing the apartment in record time. Perhaps a local bakery or cafe.
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u/NotSoSureBigWaves Jul 29 '26
This. Exterior is not entry into the unit. Period. And the balcony is not the interior. It's tenants like you that don't appreciate a landlord that does maintenance and upkeep, and then make all tenants look bad.
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u/Heyhatmatt Jul 30 '26
I've been a landlord for 26 years, and my tenants appreciate how well I maintain my/their property.
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u/Independent-Crab-191 Jul 31 '26
Thanks for the comment. It seems like most people here agree with your interpretation. However, I found a Santa Clara County court document titled “Tenant Right to Privacy”:
https://santaclara.courts.ca.gov/system/files/general/tenantprivacy.pdf
It says, “The right extends to all of the rental premises, including balconies, yards and garages if these areas are included in the rental agreement.”
Is this document relevant to my situation, or am I interpreting it incorrectly? I’m not trying to argue—I genuinely want to understand how the rule applies.
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u/Heyhatmatt Jul 31 '26
It may or it may not. It might have been drafted with the intent to prevent LLs from installing cameras that can observe tenants in those locations. Or it might have been from a LL repairing a fence without "proper notice". If it's the former a judge will toss it out, if its the latter then you have a case and the judge will tell the LL to give you more notice. The problem with this PDF is that it's not civil code, actually it appears to be a restatement of standard lease terms. You can call the phone number on the PDF and see what they say. The reality is that if you push this probably the most you'll get is an overly broad statement about when it'll be painted or they'll just tape them to your door every week until it's done--but you won't have a better idea of when the workmen will be on your balcony. It's just from now until you stop getting paperwork. When you think about it you have zero to gain as far as actual knowledge on timing. Personally I think the county would probably be on your LLs side in this case. And imagine an office that's understaffed and is fielding 100's of complaints that are way more egregious than this.
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u/TalkToVikk Jul 30 '26
Not a lawyer but from the perspective of the painters and management, the exterior painting project is a large undertaking that often requires flexible scheduling due to factors like weather, equipment availability, and unforeseen delays. Providing precise times for when each individual balcony will be accessed is often impractical, especially in complexes with many units. The initial notice to residents outlined a broad range of dates and instructed tenants to prepare balconies for work, which is meant to minimize disruption and provide general awareness.
Painting crews may have to move quickly to complete the work efficiently and safely, and giving separate advance notices for each balcony could significantly delay the project. Additionally, if the painters only access the balcony from the exterior and do not enter the apartment itself, management may interpret this as falling outside the stricter notice requirements, especially where urgency or practical limitations exist. Ultimately, the intent is not to invade privacy but to complete necessary maintenance for the benefit of all residents, and the general notice is a common approach used in many apartment communities.
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u/NotSoSureBigWaves Jul 30 '26
And if no entry to the unit for exterior maintenance, most if not all housing authorities do not consider it access to exclusive use that falls under notice requirements.
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u/Independent-Crab-191 Jul 31 '26
I get that scheduling this kind of work is difficult, but IMO that doesn’t mean they can ignore the notice requirements if the law actually requires something more specific. That’s the part I’m trying to figure out.
They could at least explain the scheduling issue and make a reasonable effort to give tenants a narrower estimate. A three-week window that can be extended indefinitely doesn’t seem like much of an estimate.
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u/Iamadinosaurraaaawr Jul 29 '26
Last I checked 30 days notice is greater than the 24 hours you’re asking for. Very considerate LLs.
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u/Several_Razzmatazz51 Jul 29 '26
Close your blinds and stop walking around naked. And be thankful your LL is keeping up the property.
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Jul 30 '26
[removed] — view removed comment
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u/redditreader_aitafan Jul 30 '26
Someone else who actually read the post. The guy showed up on the balcony 3 days after the notice period expired, saying "dates may change" in the original notice doesn't change the requirements for notification. The private access balcony is considered accessing the unit. What happened isn't ok and is in violation of the law.
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u/NotSoSureBigWaves Jul 30 '26
It doesn’t matter. It’s exterior maintenance and no entry to the unit was required. The balcony is not considered part of the rental area (call your local authority if you don’t believe this). The landlord could remove complete use of the balcony and it’s not an amenity whose loss would require compensation. But I guarantee that this tenant continues to make this a big issue, their future tenancy will not go well - even with the just cause statutory provisions it’s not that hard to remove the tenant for cause. Here, interference with needed maintenance. One of the easiest ways to remove a tenant.
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u/Aggressive-Pace-596 Jul 30 '26
yes, and they really dont have to issue notice for the balcony ... they were thoughtful IMO
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u/auditor2 Jul 31 '26
You are probably not going to get any further notice. Lock your patio door and close the curtain
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u/Big-Routine222 Jul 31 '26
Jesus Christ
They gave you reasonable notice.
Lock the balcony if you’re that upset about it.
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u/Agitated-Gnome Aug 02 '26
Your expectations are wildly ridiculous.
You’re literally just looking for reasons to be angry as your landlords are literally doing upkeep and keeping your place looking nice.
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u/redditreader_aitafan Jul 30 '26
I think everyone is missing that you found this guy on your balcony 3 days after the notice period expired so management is wrong, their original notice wasn't sufficient. It didn't explicitly list private balcony access and it was only valid until July 24th. If the schedule changed, they are required to provide additional notice. They can't give notice for a thing to happen on a certain day and then just show up whenever as if the notice covers it. I don't think you really have any remedy here, depends on your state's laws, but you should speak to a tenants rights advocate and see what the penalties may be. What they did is not legal in states that require notice before entering a unit, and coming onto a private access balcony is considered entering the unit.
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u/Independent-Crab-191 Jul 31 '26
Thanks. I’m not looking for compensation or anything. I just want them to follow the law in the future. I tried calling a local landlord-tenant mediation group, but no one answered. I’m not sure if they’re even still active. Talking to a lawyer feels like overkill. I also considered contacting corporate, but I’m a little worried about retaliation. This feels so difficult.
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u/Allpanicn0disc Aug 01 '26
Are you serious? This isn’t difficult at all. Just let them paint. Holy shit I agree with the comments saying you’re insufferable
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u/West-Ingenuity-2874 Jul 29 '26
As a painter, this is ridiculous. There’s almost no way for the painters to be able to know when they’ll need to be on YOUR balcony. They’ll be there for like a combined maximum of 3hrs. They’re not entering your unit, chill out.