Legal Question in Landlord & Tenant Law in California

When a apartment manager exercises their right to entry, having given written notice, can the AM require the tenant to evacuate the unit for 4 hours and have unsupervised access to the unit?

Asked on 10/02/10, 6:24 pm

2 Answers from Attorneys

John Morkos Law Offices of John H. Morkos

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California law states that a landlord can enter a rental unit only for the following reasons:

In an emergency;

When the tenant has moved out or abandoned the unit;

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

To show the rental unit to prospective tenants, buyers, or lenders, or to provide entry to repair persons who are to perform work on the unit; or

Under a court order.

Except in cases of emergency or abandonment, a landlord must give a tenant reasonable advance notice before entering, which is presumed to be 24 hours notice, and can enter only during normal business hours (generally, 8:00 a.m. to 5:00 p.m. on weekdays). You have the right to refuse entry if it is not for one of the specified reasons, and if notice is required but not given.

Answered on 10/07/10, 7:09 pm

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