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?
2 Answers from Attorneys
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.
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.