column_by date

Dear K. F.:

The law regulating a residential landlord’s right to enter a tenant's leased dwelling is set forth primarily within California Civil Code Section 1954.

A residential tenant is generally entitled to exclusive possession of the leased premises for the duration of the tenancy, and a landlord is not ordinarily permitted to enter into a tenant’s unit at will. However, Civil Code Section 1954 sets forth specific circumstances under which landlord may enter the rental, even over the tenant’s objection (and in the tenant’s absence).

Subject to certain enumerated notice requirements, this law specifically authorizes a landlord (including an apartment manager or other agent of the landlord) to legally enter into a tenant’s leased dwelling under the following conditions: (1) In case of emergency; (2) Where entry is required to make necessary or agreed upon repairs, improvements, or to provide necessary or agreed upon services; (3) Where entry is necessary to exhibit the premises to third parties for sale, re-renting, or for remodeling and repair purposes; (4) Pursuant to court order; and, (5) When the tenant has surrendered or abandoned the premises.

Additionally, recently enacted additions to this statute now expressly allows for a landlord’s right to enter the rental unit, in order to conduct a “walk-through” inspection prior to a tenant’s departure.

Civil Code Section 1954, also, sets forth express requirements, which dictate how the landlord’s entry must occur. For instance, the landlord is required to give the tenant reasonable advance notice of the landlord’s intent to enter the premises. This notice requirement is applicable in almost all cases, with the exception of emergencies, when there has been a surrender or abandonment of the premises, or if the tenant is present and consents to the entry at the time.

The required notice may be personally delivered, and, also, may be left at the premises with someone of “suitable age and discretion”, or “on or near or under the usual entry of the premises in a manner in which a reasonable person would discover the notice”. The required notice may also be mailed to the tenant.

Absent evidence to the contrary, notice, which is given 24 hours in advance of the entry, is generally, deemed to be "reasonable", except for when the notice is mailed, in which case a 6 day advance period from the date of the mailing is be deemed to be reasonable.

The required notice must be made in writing under most circumstances unless the tenant agrees to the entry. A verbal notice may be given, where the landlord’s purpose in entering the leased premises is to exhibit the premises to prospective purchasers, as long as the landlord has already given the tenant notice in writing, within the previous 120 days, of the landlord’s intent sell the property. When entering for this purpose, the landlord (or agent) must “leave written evidence of the entry inside the unit”

Each real estate problem usually has its own distinct circumstances, and frequently is more complicated than realized by a layperson. Readers are also encouraged to consult with their own lawyers to obtain guidance concerning their problems when they first arise.

Readers are cautioned that these answers are not intended to be the basis for any action or reliance by the reader.
You are welcome to visit our web site at “www.dumanlaw.com”.

The Circumstances under Which a Landlord May Enter the Premises Rented to a Tenant Is Regulated