California Landlord/Tenant and Lease Rights: When and How Can a Landlord Enter the Property a Tenant Calls Home?

            We commonly field questions from landlords and tenants seeking to understand their property rights under leases and California or Nevada law. In California, landlords, owners, and property managers cannot simply enter a house, unit, or property once they have leased possession of the property. They need to have a permissible purpose.

            California Civil Code section 1954 states that, outside of showing the property while on the market to actual or prospective purchasers, a landlord can enter the property by providing reasonable notice (i) if there is an emergency; (ii) to make improvements or repairs that the tenant has agreed to; (iii) when the tenant has abandoned the property; (iv) under a court order; (v) for purposes related to water conservation and correct readings from a water submeter under Civil Code section 1954.201; or (vi) to follow Health and Safety Code concerns related to exterior elevated elements for buildings with three or more dwelling units and potentially defective or deteriorated load-bearing parts or other structural supports. See Civil Code § 1954(a), (d). This article concerns tenant rights and the landlord’s obligations when desiring to enter the property. If a landlord wants to market and sell the property,see this article.

What type of notice must a landlord provide to the tenant before entering the property?

            The landlord must give “reasonable notice” of their intent to enter and include the date, approximate time, and purpose of the entry and must be personally delivered to the tenant or left with someone of suitable age and discretion at the premises. The statute also lets the landlord leave notice “on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice.” Finally, the notice can be mailed if it provides the tenant with “reasonable notice.”

What is reasonable notice for a landlord to enter the property?

            Twenty-four (24) hour notice is presumed to be reasonable “in absence of evidence to the contrary.” See Civil Code section 1954(d)(1). If the notice is mailed, six calendar days before the intended date of entry is presumed reasonable.

What days and times can a landlord enter the property?

            The landlord may only enter during normal business hours, or Monday to Friday, 8:00 a.m. to 5:00 p.m., unless the tenant consents otherwise or is present during the entry, there is an emergency, or the tenant has surrendered the premises. See Civil Code § 1954(b). But a court might interpret “normal business hours” to include weekends, like in Dromy v. Lukovsky, 219 Cal.App.4th 278, 286 (2013), which is discussed here.

When is the landlord NOT required to provide written notice to a tenant?

Reasonably and logically, certain situations do not require notice. These include when the:

• Landlord is responding to an emergency.
• Tenant has abandoned or surrendered the unit.
• Tenant is present and consents to the entry at the time of entry.
• Tenant and landlord orally agree to entry to make agreed upon repairs (or let a contractor supply the services)—but only if the oral agreement includes the date, approximate time of entry, and is within one week of the agreement. See Civil Code § 1954(d)(3).

            While Civil Code section 1954 and case law authority provide guidance of the legal rights and remedies provided to landlords and tenants, the first item to review under these circumstances is the written lease. Does it include provisions about the landlord’s right to enter the premises or define situations where it is appropriate? Secondarily, local laws and ordinances must be reviewed depending on the location of the property. California heavily regulates landlord and tenant rights to protect the parties and due to the housing shortage, among other reasons; the lease agreement and a jurisdiction’s local rules are the first level of analysis for any rental property dispute.

            Contact an experienced real estate attorney with questions about landlord/tenant issues, working with realtors, selling or purchasing a house, condo, multi-unit, or other property and providing notices to tenants, or liability concerns.

            Author Ethan Birnberg is a business attorney licensed in California, Nevada, Colorado, and Wyoming and recent voted the “Best Attorney” in Truckee and North Lake Tahoe. He regularly assists clients with real estate issues, land use, landlord/tenant matters, HOA disputes, and all types of asset sales, acquisitions. He holds dual certifications as a business bankruptcy and consumer bankruptcy specialist from the American Board of Certification and has extensive insolvency experience helping entities seeking to restructure under chapter 11 of the U.S. Bankruptcy Code, borrowers and lenders seeking out-of-court workouts, representing chapter 7 trustees, and advising directors, officers, and executive management regarding fiduciary duties and corporate governance issues. You can reach him at birnberg@portersimon.com.

Porter Simon Law is a full-service law firm with attorneys licensed in California, Nevada, Colorado, and Wyoming. Its personal injury practice is called Porter Simon Sierra Injury Lawyers. Its lawyers have decades of experience representing clients in and around Truckee, Tahoe Donner, Tahoe City, Carnelian Bay, Dollar Point, Kings Beach, Tahoe Vista, Hobart Mills, South Lake Tahoe, Meyers, Homewood, Incline Village, Crystal Bay, Portola, Graeagle, Calpine, Downieville, Whitehawk, Loyalton, Sierraville, Nevada County, Placer County, Placerville, Granite Bay, Rocklin, Sierra County, El Dorado County, San Joaquin County, Madera County, Mono County, Mammoth Lakes, June Lake, Bridgepoint, Washoe County, Douglas County, Elko County, Reno, Carson City, Gardnerville, Roseville, Sacramento, Auburn, Chico, Oroville, Healdsburg, Santa Rosa, Elk Grove, Markleeville, Gardnerville, Carson City, Fairfield, Fresno, Folsom, Redding, Walnut Creek, Santa Clara, Stockton, Sonora, Manteca, Merced, Nevada City, Grass Valley, Newcastle, Turlock, Tracy, and Yuba City.