Legal Question in Real Estate Law in California
tenant lanlord rights
landlords ability to enter and law enforcements ability to enter a tenants apartment without consent .
1 Answer from Attorneys
Re: tenant lanlord rights
Landlords must give the tenant reasonable prior notice of intent to enter. 24 hours attempted notice is usually enough, by statute.
Law enforcement's right to enter is governed by the Fourth Amendment prohibition against unreasonable searches and seizures. This is a very complicated area, but a few very general ground rules can be stated. The police usually need either (1) a search warrant; or (2) exigent circumstances, such as hot pursuit of a fleeing felon or someone inside screaming bloody murder. Ordinarily, the landlord doesn't have authority to let the cops in, but your roommate does.
As I say, the 4th Amendment business is very complicated. There are many fine points and exceptions. For example, most folks who are out on parole or probation have surrendered some or most of their 4th Amendment rights and may be subjected to warrantless entry of their homes on much less pretext than exigent circumstances.
I hope this is helpful.