Landlord Entry: Notice and Access Rules (Civil Code 1954)

What it requires

• Entry is allowed only for an emergency; necessary or agreed repairs, improvements or services; showing the unit to buyers, lenders, prospective tenants, workers or contractors; the pre-move-out inspection; after the tenant abandons or surrenders the unit; a court order; or waterbed and balcony (exterior elevated element) inspections.
• Notice must be in writing, with the date, approximate time and purpose. It can be handed to the tenant, left with a suitable adult at the unit, or left at the entry door. Twenty-four hours is presumed reasonable; a mailed notice is presumed reasonable if mailed at least six days ahead.
• Entry must be during normal business hours, unless it’s an emergency, the unit was abandoned, or the tenant agrees at the time of entry.
• No notice is needed for an emergency, when the tenant is present and consents, or after abandonment. Showings to buyers can use phone or in-person notice if the tenant got written notice of the sale within 120 days. Agreed repairs can be scheduled orally for a date within one week.
• A landlord may not abuse the right of access or use it to harass. A significant, intentional violation meant to push a tenant out carries a civil penalty of up to $2,000 per violation (Civil Code 1940.2).

Owner checklist

• Put the date, approximate time and purpose in every entry notice
• Deliver it in person, with an adult at the unit, at the door, or by mail 6+ days ahead
• Schedule entries during normal business hours
• Before selling, send written notice of the sale so showings can be arranged by phone
• After a showing, leave written evidence of the entry inside the unit