When can the landlord enter the rental unit?

THE landlord or its representative must give the tenant a reasonable written notice in advance before entering the unit, and can enter only during normal business hours generally, 8 a.m. to 5 p.m. on weekdays. The notice must state the date, approximate time and purpose of entry.

Under  California Civ. Code § 1954 landlord may enter a rental unit for the following reasons:

• In an emergency.

• When the tenant has moved out or has abandoned the rental unit.

• If a court order permits the landlord to enter.

• To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy.

• To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.

• If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law’s requirements.

Advance written notice is not required under any of the following circumstances:

• To respond to an emergency.

• The tenant has moved out or has abandoned the rental unit.

• The tenant is present and consents to the entry at the time of entry.

• The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.

The landlord or its representative may use any of these methods to give the tenant written notice of intent to enter the unit:

• Personally deliver the notice to the tenant; or

• Leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant’s household); or

• Leave the notice on, near or under the unit’s usual entry door in such a way that it is likely to be found; or

• Mail the notice to the tenant.

If your landlord violates these access rules, discuss your concerns and send a formal letter to observe the access rules. If he continues to violate, you can talk to a legal aid organization or an attorney, or file suit in small claims court to recover damages that you have suffered due to the landlord’s misconduct. You can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation if his violation of these rules was significant and deliberate, and the purpose was to influence you to move out from the rental unit.

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