Did our Landlord break our lease?

By Unhappy Renters

Property: House
State: California
Lease: 12 months

My husband and I are currently facing a situation with our property management company regarding a violation of the lease on the company’s part (we believe).  The landlord/property management co. called me on a Thursday to schedule a date and time for the following week for their roofers to come to our house & repair a rotted portion of the patio roof.  We orally agreed on a specific date (the following Wednesday).  So the date was set.  The agreed upon date, Wednesday, came and went and nobody showed up or called.  Then the next Friday came and my husband was in our backyard under the patio when he heard somebody walking on the patio roof.  The roofers had showed up unannounced, did not let anybody know they were there, set their ladder against our house & climbed on our roof & just started work without knocking on our door to tell my husband.  A little while later the entire patio roof collapsed while one of the workers was on it.  It destroyed our patio chairs, table & dog beds.  Now we want to know if the landlord violated our lease agreement due to the fact that the roofers they hired showed up on a day that was not agreed upon and if we are still legally obligated to our lease or not?

Page 3, Paragragh 18 "ENTRY", Section B of our lease agreement states:

"No written notice is required if Landlord and Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral agreement."

So we need to know if this means that they were allowed to show up on that Friday due to the fact that it was within a week of the agreed upon date.  Or if the date & time of entry had to be within one week of the date that the oral agreement took place, which was on Thursday and the roofers showed up over a week later on Friday (unannounced).

We appreciate any/all help/advice anybody has to offer.

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