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Entry and Right to Privacy
Before entering the premises of a tenant, a landlord is required to give the tenant at least 24 hours' notice of their intent to enter.
California Civil Code Section 1954 spells out four situations in which the landlord may enter the tenant's home.
1) Entry in Case of an Emergency If a household emergency threatens to injure someone or damage the property, the landlord or manager may enter the tenant's home without giving advance notice. An example of an emergency could be when a burst water pipe floods the unit, whereas a backed-up drain would not be considered an emergency situation. If the situation is not an emergency the landlord or manager must give a 24-hour notice.
2) Entry to Make Repairs When the landlord or manager gives a 24-hour notice, s/he can make repairs in your home. If a repair person or your landlord knocks at your door with no advance notice and asks to make a non-emergency repair, you have a legal right to deny entry.
3) Entry to Show Property Like making repairs, the landlord or manager may show your home to prospective tenants or buyers, if a 24-hour notice is given.
4) Entry with the Agreement of the Tenant A landlord can always enter your home, even without a 24-hour notice, if you so agree without pressure or intimidation.
Time of Entry Except for emergencies and tenant invitations, the landlord can enter only during "normal business hours" (9:00 a.m. to 5:00 p.m.) and then only after a "reasonable notice". 24 hours is usually considered reasonable. However, under special circumstances, a landlord could give a shorter notice. For example: if the landlord plans to enter your home at 2:00p.m. Tuesday, but is unable to tell you until 6:00 p.m. Monday, then the notice is still "reasonable" and legal.
Click here for information regarding Landlord Unlawful Entry.
Click here for a note to landlords regarding key control.
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