Legal Question in Real Estate Law in California

Wish to know what recourse I have as a landlord.

Current tenant is making demands/claims of unnessary visits by me to show unit to perspective tenants. Current tenant has give 30 day written notice to vacate unit. I have accomodated tenant by giving notice 24hrs or more before showing and even giving time of appointment. Tenant is currently refusing to allow me to show because he claims he doesn't like it, and it's "too much" and claims he has the right to refuse me from showing unit, esp. during the weekends. I understand that California Civil Code Sec. 1954 states that "The landlord may enter the tenant's premises only for specific reasons, during normal business hours and only after the tenant has been given at least 24 hour advance notice of the landlord's intent to enter the dwelling.....To show the rental to prospective tenants..."

So based on that I have the legal right. But what recourse do I have if I don't want deliberate retaliation to this if the tenant decides he doesn't like the fact that I have proved to him he's wrong?


Asked on 11/19/10, 11:23 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Read the terms of your lease to see what 'show' rights you have, and what notice you have to give.

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Answered on 11/24/10, 11:49 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

That's not exactly what 1954 says, but it's pretty close. I suggest you look it up, get the exact language, and also note subsection (c) whish says "The landlord may not abuse the right of access or use it to harass the tenant." You're probably not violating this provision, but you might ask yourself "What would a jury think, if they knew the entire situation?"

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Answered on 11/24/10, 12:32 pm


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