Legal Question in Real Estate Law in California

Rules of entering dwelling.

Does the management company have the right to

do a entry without notice?

What about during non-business hours.Does it matter if it was a city code inspection?


Asked on 4/01/00, 1:16 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Rules of entering dwelling.

Civil Code section 1954. A landlord may enter the dwelling unit only in the following

cases:

(a) In case of emergency.

(b) 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, workmen or contractors.

(c) When the tenant has abandoned or surrendered the premises.

(d) Pursuant to court order.

Except in cases of emergency or when the tenant has abandoned or

surrendered the premises, entry may not be made during other than

normal business hours unless the tenant consents at the time of

entry.

The landlord shall not abuse the right of access or use it to

harass the tenant. Except in cases of emergency, when the tenant has

abandoned or surrendered the premises, or if it is impracticable to

do so, the landlord shall give the tenant reasonable notice of his

intent to enter and enter only during normal business hours.

Twenty-four hours shall be presumed to be reasonable notice in

absence of evidence to the contrary.

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Answered on 4/19/00, 3:27 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Rules of entering dwelling.

The landlord does not have the right to enter the rented premises without your consent. However, you must give consent to reasonable requests for entry. The exception to this would in case of an emergency. The same rules apply to the city inspector.

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Answered on 4/15/00, 1:37 am


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