Note: This post is intended to provide answers to general questions and the information was provided by our legal department. Individuals should always seek the advice of an attorney regarding their specific situations.
According to the California Association of Realtors Residential Lease or Month-to-Month Rental Agreement, landlords are permitted to enter a tenant’s residential premises only under certain conditions, some of which require written or oral notice to the tenant and other obligations. A tenant cannot waive any of the rights outlined below.
A landlord has the right to enter a dwelling under the following circumstances:
(1) An emergency on the property
(2) To make necessary/agreed upon repairs
(3) To show the property to prospective or actual purchasers, tenants, lenders, appraisers or contractors
(4) When the tenant has abandoned or surrendered the property
(5) Pursuant to court order
Entry During Normal Business Hours: A landlord may only enter the premises during “normal business hours”- typically excluding evenings and weekends, with the exception of emergencies, abandonment or surrender by the tenant or a tenant’s consent at the time of entry.
Reasonable Notice: The default notice of entry requirement is 48-hour written notice. Notice of entry by a landlord must be submitted, in writing, prior to entry. A written notice should include the date, approximate time and purpose of entry. However, if the landlord and tenant orally agree, that will be sufficient to permit entry for the purpose of agreed repairs/services, provided that they agree on the date and time of entry and that entry occurs within one week of the agreement.
Notice may be personally delivered to the tenant, mailed to the tenant six days prior to the intended entry, left with someone of “suitable age and discretion” at the property or left on, near, or under the entry door in such a manner that it could be discovered by a reasonable person.
24 Hour Notice: The landlord or landlord’s agent may show the tenant’s unit to a prospective or actual purchaser with 24 hour oral notice for 120 days after the landlord or his agent has provided the tenant with written notification that the property is for sale. At the time of entry, the landlord or agent must leave a written confirmation of entry inside the premises.
Notice is NOT required in the following circumstances:
(1) An emergency on the property
(2) The tenant is present and consents to the entry at the time of entry
(3) The tenant has abandoned or surrendered the unit
