Legal Question in Landlord & Tenant Law in California

The Code section says written notice so is unclear if a tenant getting the e-mail 24 hours in advance would qualify. Normally the parties must agree to e-mail as being a substitute for normal written notice, so it could be argued that an e-mail is insufficient. But from the tenant's standpoint, raising such a technical defense if the landlord has the right to enter means the landlord is less likely to agree to renew the tenancy. The following is a posting from a pro-tenants web site as to when the landlord can demand entry.

A landlord may enter the rental property only for certain specific reasons:

􀀹 In the case of an emergency such as a fire or broken water pipe

􀀹 To make necessary or agreed repairs or alterations or supply necessary or agreed services

􀀹 To exhibit the premises to prospective tenants or purchasers or contractors

􀀹 To make a �pre-departure� inspection when the current tenant is moving or to inspect smoke detectors, or a annual inspection in government funded housing

􀀹 When it is evident that the tenant has abandoned the premises

􀀹 Pursuant to a court order

A landlord must give 24 hours written notice to the tenant of his intent to enter, and may only enter during normal business hours (generally, M-F, 8 am to 5 pm). Notices must include date, approximate time, and purpose of entry. These limitations do not apply if:

􀀹 The tenant is present at the time of entry and agrees to waive the requirements, or

􀀹 The tenant and landlord agree orally to an entry to make repairs or supply services and the entry occurs within 1 week of the agreement, or

􀀹 The landlord is responding to an emergency, or

􀀹 The tenant has abandoned the premises, or

􀀹 The tenant has been advised in writing within the last 120 days that the property is for sale. Then, the landlord or agent need only give 24 hours oral notice of the date and actual time of entry to show the property. Written evidence of the entry must be left inside the unit.

If a landlord has followed the applicable rules for entry, the tenant does not have a right to refuse entry, or to dictate the time of entry. Also, a landlord has a right to require that the tenant provide keys to the unit, in order to safeguard the right to enter. However, the landlord may not abuse the right to enter or use it to harass the tenant