Legal Question in Landlord & Tenant Law in California

Consent To Search

Can my landlord give consent to the police to search my apartment when I am not present? Also, if I decline their request, can my landlord override my decision? If there is a web site where I can read the law about this topic or discover the rule of thumb on my topic I would appreciate it if that could be cited in the response. Thanks.


Asked on 9/20/06, 6:32 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Consent To Search

If they have no warrant, the answer generally is no, unless your landlord is your spouse or some adult who lives with you.

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Answered on 9/20/06, 6:52 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Consent To Search

No, only you the actual tenant(s) can give consent to enter your premises during the term of the lease, not the landlord, unless he/she has express or implied authority to consent on your behalf. Absent that, a warrant would be needed by the police. If the police officers discovered any incriminating evidence during an unauthorized search consented to by your landlord, then the evidence obtained would be inadmissible as "fruits of the poisonous tree". If you would like further legal assistance, contact us for a free phone consultation.

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Answered on 9/20/06, 8:05 pm


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