Legal Question in Real Estate Law in California

What kind of notice must be given to a tenent by a landlord before inspection of the rented residence.


Asked on 8/24/11, 8:18 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

There is nothing specified by law, it just needs to be reasonable.

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Answered on 8/24/11, 8:22 pm

Mr. Selik is correct. I would add, however, that 24 hours or more has been deemed reasonable absent special circumstances, and less than 24 hours has been deemed not reasonable, absent emergency or other circumstances.

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Answered on 8/24/11, 10:45 pm
Anthony Roach Law Office of Anthony A. Roach

The law just states "reasonable" notice in the statute. That is governed by Civil Code section 1954 subd. (b) and (d).

Mr. McCormick is right in that judges usually consider 24 hours to be reasonable notice, but I'm not aware of any published appellate opinions on the matter.

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Answered on 8/25/11, 8:21 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Guys, have you read Civil Code section 1954 lately? 1954(d)(1) says "Twenty-four hours shall be presumed to be reasonable notice in the absence of evidence to the contrary."

The code also addresses emergencies (no notice may be required), notice given by mail (six days is reasonable) and a provision for continuing notice for successive entries when the property is for sale and the tenant is so notified.

You might want to look up the Civil Code and read section 1954 for yourself; it is moderately lengthy and contains several provisions other than those I mention.

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Answered on 9/20/11, 6:41 pm


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