Legal Question in Real Estate Law in California

How should I understand California Civil Code sec 1954 with regards to allowing access to rental property. The code says in sec d2

Notice may be given orally to show the premises to actual or prospective purchasers provided Tenant has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given to show the Premises�.

Does this mean that I can wait 120 days before alloying access to the rental property.


Asked on 12/22/09, 2:00 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

My reading of the statute you have cited means that within the past 120 days, the landlord has given you written notice that the place is for sale. The law is meant to avoid an ongoing obligation to show the place absent a current "for-sale" notice.

So, if the landlord only advised in writing three years ago that the place is for sale, you would not be required to show the place today. If the landlord were to write to you today and tells you that the place is for sale and that she wants to show the premises next week, that's perfectly fine and you should allow access if convenient. Otherwise, work out a date and time that are convenient.

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Answered on 12/27/09, 2:30 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No, nothing of the kind. 1954(d)(2) is designed to make it much EASIER, not much more difficult, for the property to be shown to prospective buyers.

It works this way: On day zero, the landlord notifies the tenant, in writing, that the property is for sale and that it will, therefore, be shown one or more occasions to one or more prospective buyers. Then, for days one through 120, the landlord doesn't need to provide any written notice; the notice can be given orally, in person or by telephone.

As with written notice, the oral notice must be given a reasonable time in advance of the entry, and 24 hours is presumed reasonable, although a longer or shorter notice can be shown necessary in order to be reasonable.

I don't follow Mr. Cohen's answer, but to the extent I understand it, I disagree.

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Answered on 12/27/09, 3:25 pm


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