WHEN CAN YOU ENTER A TENANT’S DWELLING?

Section 1954 provides:

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.

(c) When the tenant has abandoned or surrendered the premises.

(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.

WHEN IS A RESIDENT MANAGER REQUIRED?

Editor’s Note: This question and answer section was prepared in response to frequently asked questions by members and students in our various educational programs. All language is taken directly from the California Civil Code. The outline format differs from formal English grammar outline because the Code mirrors annual changes in the law with numerous additions and deletions written by various state senators and assemblymembers. Additional legal resources are listed at the end of this
special section.