| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in California?
California landlords have the right to enter a rental property for any of the following reasons:
- Inspecting the property.
- Making improvements (including decorations).
- Repairing or maintaining the property.
- Showing the property.
- Resolving an emergency.
- Complying with a court order.
Can a Landlord Enter Without Permission in California?
California landlords can legally enter a rental property without permission. Notice requirements still apply, but permission isn’t needed to enter for inspection, improvements, repair, showings, emergencies, or compliance with a court process.
Can a Landlord Enter Without the Tenant Present in California?
California landlords can enter without the tenant present. The tenant only needs to be present if the landlord wants to enter without notice for a non-emergency situation.
Can a Landlord Show a House While Occupied in California?
California landlords can show an occupied house by giving proper notice. However, they must leave written evidence of entry for the renter after every showing; landlords will often leave a business card, for example.
How Often Can Landlords Conduct Routine Inspections in California?
California landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in California?
California landlords have to provide 24 hours of advance notice by default, unless there’s an emergency or the renter is present and agrees to the entry. For any longer or shorter notice periods, there must be evidence why the usual requirements shouldn’t apply.
Can a Landlord Enter Without Notice in California?
California landlords can only enter without notice in an emergency, unless the renter is present and agrees to the entry.
How Can Landlords Notify Tenants of an Intention To Enter in California?
California landlords have to deliver written notice at least 24 hours in advance in most cases. This can be mailed at least six days before intended entry, or posted on the rental property rather than given by hand. The notice must describe the purpose and approximate time for entry.
The landlord and renter can also agree verbally to entry for maintenance or services within one week. In that case, the 24-hour notice can be verbal. Verbal notice is also an option for property showings, up to four months after delivering written notice that the property is for sale.
Can a Tenant Refuse Entry to a Landlord in California?
California tenants can refuse entry to a landlord in the following non-emergency situations:
- There’s an invalid reason.
- It’s not during business hours (8 AM-5 PM).
- Proper notice wasn’t given.
A tenant can’t refuse entry to a landlord if it’s an emergency, or there’s been proper notice for one of the following intentions:
- Inspecting the property.
- Making improvements (including decorations).
- Repairing or maintaining the property.
- Showing the property.
- Compliance with a court order (usually as part of an eviction).
What Happens If the Tenant Illegally Refuses Entry to the Landlord in California?
California landlords who are illegally refused entry can get a court injunction to force access, or deliver a three-day notice to comply and threaten the tenant with eviction.
Can a Tenant Change the Locks Without Permission in California?
California tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s recommended that renters provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in California?
California tenants have the following options when the landlord enters illegally:
- Get a court order preventing further entry.
- Move out and cancel the rental agreement (for severe violations that prevent ordinary use of the property).
- Sue to recover damages.
- Sue for a civil penalty (for “significant and intentional” violations).
Sources
- 1 Cal. Civ. Code § 1954(a) (2021)
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“A landlord may enter the dwelling unit only in the following cases: (1) In case of emergency. (2) 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, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5 [initial inspection prior to move-out]. (3) When the tenant has abandoned or surrendered the premises. (4) Pursuant to court order. (5) For the purposes set forth in Chapter 2.5 (commencing with Section 1954.201) [water-related inspections and improvements]. (6) To comply with the provisions of Article 2.2 (commencing with Section 17973) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code [flood/earthquake-proofing inspections and improvements].”
Source Link - 2 Cal. Civ. Code § 1954(d)(1) (2021)
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“Except as provided in subdivision (e), or as provided in paragraph (2) or (3) [i.e.: property showings, tenant consenting to entry, and emergencies], 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 shall 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. 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.”
Source Link - 3 Cal. Civ. Code § 1954 (2021)
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No notice of entry is required under this section: (1) To respond to an emergency. (2) If the tenant is present and consents to the entry at the time of entry.”
Source Link - 4 Cal. Civ. Code § 1954(d)(2) (2021)
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“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. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.
Source Link - 5 Cal. Civ. Code § 1954(b) & (c) (2021)
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“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 [8AM-5PM] unless the tenant consents to an entry during other than normal business hours… [additionally,] the landlord may not abuse the right of access or use it to harass the tenant.
Source Link - 6 Cal. Civ. Code § 1954(d)(3) (2021)
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“The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.
Source Link - 7 Cal. Civ. Pro. § 1161(3) (2021)
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“A tenant … is guilty of unlawful detainer: …When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease… and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant[.] …[The tenant] may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.”
Source Link - 8 Cal. Civ. Code § 1940.2 (2021)
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“(a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling: …
“(4) Commit a significant and intentional violation of Section 1954 [tenant’s right to only endure the landlord’s specific, lawful entry]. …“(b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.”
Source Link - 9 Groh v. Kover's Bull Pen, Inc., 221 Cal. App. 2d 611, (1963)
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“A constructive eviction occurs when the acts or omissions to act of a landlord, or any disturbance or interference with the tenant’s possession by the landlord, renders the premises, or a substantial portion thereof, unfit for the purposes for which they were leased, or has the effect of depriving the tenant for a substantial period of time of the beneficial enjoyment or use of the premises.”
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