Answer FileLandlord–Tenant

Can my landlord enter my apartment without notice in California?

The answer, cited

Generally no. Civil Code section 1954 limits entry to listed purposes (repairs, agreed services, showings, inspections, emergencies), and requires reasonable advance written notice, with 24 hours presumed reasonable, during normal business hours. No notice is needed in a genuine emergency or with the tenant's consent at the time of entry.

California tenants hold the right of possession, and Civil Code section 1954 sets the terms on which a landlord may cross it. Entry is allowed only for listed purposes: dealing with an emergency, making necessary or agreed repairs, supplying agreed services, showing the unit to prospective buyers or tenants, pre-move-out inspections, and a few others. Outside emergencies, the landlord must give reasonable advance notice (24 hours' written notice is presumed reasonable), and enter during normal business hours; notice may be delivered personally, left at the unit, or mailed with extra lead time. When a property is for sale, oral notice can substitute after an initial written notification, within the statute's window. The statute expressly forbids using the right of entry to harass the tenant, and Civil Code section 1940.2 separately prohibits entering in violation of section 1954 as a means of influencing a tenant to vacate, with civil penalties available. Document violations in writing: a dated log and photographs turn a pattern into proof.

Authority: Cal. Civ. Code § 1954

Source: Cal. Civ. Code § 1954 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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