Summary Of Landlord’s Right To Enter Rental Unit

When Can a Landlord Enter a Rental Unit?

As the landlord, do you possess the right to enter your tenant’s home whenever you want? The short answer is “No”, since such a rule would infringe on the tenant’s privacy rights and his or her rights to quiet enjoyment of the premises. California Civil Code section 1954 delineates when a landlord can enter a tenant’s rental unit. The statute breaks the inquiry down into situations where advance notice is, and is not required.

A landlord may enter without prior notice (1) in an emergency, (2) where the tenant abandoned the property, (3) pursuant to court order and (4) with the tenant’s consent. A landlord may enter the premises with 24 hours advance written notice (1) to make agreed upon or necessary repairs, improvements, or alterations; (2) to show the premises to contractors, lenders or prospective home buyers, and (3) to conduct a pre-move-out inspection to check damages before returning a tenant’s security deposit.

What Must Be Included In The Notice And How Must It Be Served?

The written Notice of Entry must give the day and time the landlord (or his agent) intends to enter the home, and its purpose. California Civil Code section 1954(d). The Notice must either be personally delivered to the landlord, dropped off at the normal entry to the premises so a reasonable person may discover it, or left with a person of suitable age and discretion at the premises. The notice may also 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. Thus, if the landlord mails the written entry notice to the tenant’s known address, it requires a postmark at least 6 days before the entry date.

What are the Consequences of a Landlord’s Unlawful Entry into Unit?

What are the consequences of a landlord’s unlawful entry into the unit? If the landlord illegally enters a tenant’s apartment, or is abusing the right of entry to harass the tenant, the landlord can be sued in Small Claims Court for $2,000 for each violation for breaching the Warranty of Quiet Possession (California Civil Code §1927) that is implied in every lease. See also, California Civil Code §1940.2(b). You may also be liable for emotional distress damages. In addition, you may be subject to criminal trespass charges for abusing your right to enter the dwelling.

Abuses include harassment or encouraging your tenant to leave before the lease expires. Examples of abuse are sending any person to the property multiple times per day, placing excessive phone calls to the tenant requesting access and, of course, entering the property without proper written notice.

Please call Lynx Legal Services at 888-441-2355 or email us at info@lynxlegal.com with any questions regarding these issues, or if you are ready to start a case. Our representatives are standing by to answer any inquiries you may have.