Legal Question in Real Estate Law in California

Re: Rental Info

As long as you are not entering the dwelling, you are well within your rights.

1954. (a) A landlord may enter the dwelling unit only in the

following cases:

(1) In case of emergency.

(2) To make necessary or agreed repairs, decorations, alterations

or improvements, supply necessary or agreed services, or exhibit the

dwelling unit to prospective or actual purchasers, mortgagees,

tenants, workers, or contractors or to make an inspection pursuant to

subdivision (f) of Section 1950.5.

....

(d) (1) Except as provided in subdivision (e), or as provided in

paragraph (2) or (3), the landlord shall give the tenant reasonable

notice in writing of his or her intent to enter and enter only during

normal business hours. The notice shall include the date,

approximate time, and purpose of the entry. The notice may be

personally delivered to the tenant, left with someone of a suitable

age and discretion at the premises, or, left on, near, or under the

usual entry door of the premises in a manner in which a reasonable

person would discover the notice. Twenty-four hours shall be

presumed to be reasonable notice in absence of evidence to the

contrary. The notice may be mailed to the tenant. Mailing of the

notice at least six days prior to an intended entry is presumed

reasonable notice in the absence of evidence to the contrary.

(2) If the purpose of the entry is to exhibit the dwelling unit to

prospective or actual purchasers, the notice may be given orally, in

person or by telephone, if the landlord or his or her agent has

notified the tenant in writing within 120 days of the oral notice

that the property is for sale and that the landlord or agent may

contact the tenant orally for the purpose described above.

Twenty-four hours is presumed reasonable notice in the absence of

evidence to the contrary. The notice shall include the date,

approximate time, and purpose of the entry. At the time of entry,

the landlord or agent shall leave written evidence of the entry

inside the unit.

(3) The tenant and the landlord may agree orally to an entry to

make agreed repairs or supply agreed services. The agreement shall

include the date and approximate time of the entry, which shall be

within one week of the agreement. In this case, the landlord is not

required to provide the tenant a written notice.

(e) No notice of entry is required under this section:

(1) To respond to an emergency.

(2) If the tenant is present and consents to the entry at the time

of entry.

(3) After the tenant has abandoned or surrendered the unit.

Re: Rental Info

While I agree that Civil Code section 1954 may be applicable to this situation to some degree, I would be a little more cautious in approaching this tenant's complaint that just to wave 1954 at his lawyer and him and say that you're not violating it, so therefore they have no case.

First, 1954 does not define where the dwelling begins and ends. We normally think of that as being at the door or threshhold of the enclosed part of the dwelling, but there is a good argument that the "dwelling" includes all parts of the leasehold.

This would be consistent with the criminal law of burglary, which can be committed by any entry of the "curtilage" of a dwelling; this term has a rather fuzzy definition but generally means any part of a residential property within its innermost circle of fences, hedgerows, outbuildings and so forth. Thus, burglary of the residence occurs when things are taken from a detached garage as well as from the house itself. Maybe a landlord's trespass begins at the curtilage too.

Also, when the lease is signed, the landlord surrenders the right of exclusive possession of the entire leasehold to the tenant. Thus, it could be argued that the landlord is a trespasser whenever he sets foot on any part of the leased property, inside or outside, except where 1954 creates an exception. If 1954 applied only to the inside of the house or apartment, the landlord could go inside, but could not set foot in the yard, since there would exist no exception to the "exclusive possession" rights of the tenant.

Finally, the tenant has a protected privacy right in occupancy and use of the leased property. This right can be violated in any number of ways, including an excessive and unwanted presence of the landlord or his representative on common or public areas close to the leased dwelling. Whether doing chores on the common area such as gardening and watering lawns is an invasion of privacy or not is very fact-sensitive; there is no good way to set out rules as to what is impermissible.