California Realtor’s Right to Enter a Rental Unit
This article discusses a realtor’s right to enter a rental unit, including the procedures that must be utilized to lawfully gain access to the unit and the remedies available to the tenant when a landlord violates a tenant’s rights.
In short, a real estate agent or broker can enter a unit to show it to prospective tenants or prospective purchasers after giving the tenant reasonable notice of the realtor’s intent to enter. California Civil Code § 1954 provides the statutory authority for such entry, and seeks to balance the rights of privacy conferred on the tenant with a landlord’s right to transact business involving his property.
Circumstances Under Which Realtor Can Enter Rental Unit
Civil Code § 1954 gives landlords or her agent the legal right to access rental units under specific circumstances. They can’t just enter rental properties whenever they want. As related to Realtor’s, entry is allowed for the purpose of showing the dwelling unit to prospective or actual purchasers.
Required Notice Before Entering Unit
Unless there is an emergency, the landlord must give the tenant “reasonable” notice in writing of his or her intent to enter and enter. Twenty-four hours is considered to be reasonable notice in the absence of evidence to the contrary. The entry must normally take place during normal business hours. Regarding realtors, weekends are considered to be within “normal business hours” for activities such as an open house to exhibit the property to prospective purchasers. See Dromy v. Lukovsky, 219 Cal. App. 4th 278, 286 (2013). The notice must include the date, approximate time, and purpose of the entry.
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. The notice may be mailed to the tenant. In that case at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary
The notice can be given orally, in person, or by phone, if the realtor has given the tenant written notice within 120 days of this oral notice that the property is for sale and that the Realtor may be contacting the tenant orally for the purpose of giving notice to enter the unit. When a Realtor eventually enters the unit they must leave written notice of their entry inside the unit.
Prohibited Entry and Penalties for Improper Entry
Landlords cannot enter a dwelling unit without proper notice. They also cannot make repeated demands for entry when the purpose of the entry serves no lawful purpose. In addition, landlords cannot attempt entry outside normal business hours.
This covenant of quiet enjoyment is implied in all California leases and places a duty on the landlord to ensure the tenant’s peaceful possession of their unit. Cal. Civ. Code § 1927. This protects the tenant’s right to privacy and peace and quiet.
If the agent is interrupting the tenant’s quiet enjoyment of their home and is harassing the tenant by continually entering the unit contrary to the law, landlords and their agents are liable for damages of up to $2,000 for each violation. Cal. Civ. Code § 1940.2. Harassment includes aggressive methods, coercion, fraud, intimidation, or disrupting the tenant’s right to the “quiet enjoyment”. Violating this code may also be punishable through monetary fines, with the amounts based on factors like severity and number of offenses. Some cases may require landlords to pay for tenant damages or repairs or potentially face criminal charges.
California Civil Code § 1954 applies specifically to residential properties. Different laws govern commercial properties.
Lynx Legal has handled a substantial number of evictions based on the tenant’s refusal to provide access to the landlord. Please contact us at 888-441-2355 or [email protected]. We are standing by ready to assist in any way we can.
