Legal Question in Real Estate Law in California

Re: property showing

Open house for what purpose? If is is one of the purposes for which a landlord may enter a tenant's premises set forth in Civil Code section 1954, you may enter on reasonable prior notice, and 24 hours' notice is presumed to be reasonable.

However, I'm doubtful that an "open house" as that phrase is normally understood in the real-estate business is permissible at all under CC 1954, at least not without the tenant's consent. Further, I don't believe the landlord has the right to have the premises vacated. Tenants have the right of quiet enjoyment possession, and the right to exclude anyone, including the landlord, except as that right is modified by CC 1954. See, e.g., People v. Thompson (1996) 43 Cal.App.4th 1265.

Re: property showing

Mr. Whipple again gives a very good and detailed answer. I would just add the if you are going to show a unit ask the tenant to the landlord show the premises be sure to keep the dog on a leash in an area where there will be minimum contact with the unit viewers. I love dogs, but some people are afraid of them and some jump onto people.

You need to put a clause into your rental agreement allowing you to show the unit, but make it reasonable as to notice, frequency, etc. If you upset the tenant too much they might take it out on the unit. It would be unreasonable to require them to leave the unit, especially since they might be afraid of their valuables being taken. For that reason also you do not want to just throw the doors open and let anyone come in to look, as you may very well be liable for anything taken.