California Laws on Unlawful Entry to a Residential Property by a Landlord
- California law allows entry of landlords into rental units only: 1) during an emergency; 2) when the unit is empty or abandoned; 3) to allow performance of necessary or pre-approved repairs or improvements by the landlord or by contractors or other workers; 4) for showing the unit to prospective tenants, purchasers or lenders; 5) for pre-move-out inspections; and 6) for inspections during and after the installation of a water bed. A landlord may also enter if he has a court order allowing it.
- Unless the landlord is responding to an emergency, such as a fire or flood, he may enter the rental unit only during normal business hours. In California, those hours are deemed to be from 8 a.m. to 5 p.m., weekdays. The landlord must have previously given reasonable advance written notice before entering the residence. This advance notice must include the date, the approximate time and the reason why the landlord requires entry.
- There is an exception to the need for written advance notice when: 1) the landlord is responding to an emergency; 2) the tenant is present and agrees to allow the landlord to enter the unit; 3) the unit is vacant and there is no one to whom the landlord may give notice; or 4) the tenant and the landlord have previously orally agreed to the landlord's entry for the purpose of making repairs or supplying services. In the latter case, the agreement must have established the approximate date and time of the landlord's entry and that entry must be within one week of the oral agreement.
- In order for advance written notice to be valid, it must be: 1) personally delivered to the tenant; 2) left at the rental unit with another person of suitable age; 3) left near, beneath or on the unit's entry door; or 4) mailed to the tenant.
- If the landlord does not abide by the law, a tenant has the right to sue in small claims court. If the landlord is found liable, he could be required to pay up to $2,000 for each violation of the law.
Reasons for Entry
Time for Entry
Exceptions to Requirement for Written Advance Notice
What Constitutes Valid Advance Notice
Penalties for Unlawful Entry
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