You have a right to enter the unit under circumstances spelled out in state statute. California has tenant-friendly laws, including one covering your right to go into your property. The legislature ensures your tenant has privacy and enjoys their home while giving you a list of situations where you, your employees, and contractors can enter.
The relevant statute states that you can enter the residential dwelling “only” in the situations in the law. It doesn’t spell out a list of times when you can enter but leaves the door open to other circumstances where you can do so at your discretion. You also can’t abuse your access to the unit to harass the tenant.
When Can I Enter the Unit?
You can enter in the following cases:
- There’s an emergency
- After the tenant abandons or surrenders the premises
- Pursuant to a court order
- For water conservation
- To inspect the safety of decks or other outside structures if the building has three or more units
- To make repairs that are necessary or agreed upon with the tenant
- To install or provide decorations
- To make alterations or improvements
- To provide essential or agreed-upon services
- To show it to prospective or actual buyers, mortgagees, tenants, workers, or contractors
- To determine how much might be deducted from the security deposit
You can’t enter during other than regular business hours unless:
- There’s an emergency
- The unit’s abandoned or surrendered
- The tenant consents
If you violate the law, your tenant could sue you for trespassing, breach of lease, invasion of privacy, and breach of quiet enjoyment. If you enter a unit with criminal intent, such as to harass your tenant or steal something, the fact you own the property may not prevent your arrest and conviction.
Do I Need to Give the Tenant Notice I Plan to Go Into the Unit?
With some exceptions, you must give your tenant “reasonable notice” in writing of your intent to enter but only during normal business hours. Your notice needs to include the date, approximate time, and purpose of the entry. It can be
- Personally delivered to the tenant
- Given to someone of suitable age and discretion at the premises
- Left on, near, or under the usual entry door in a way a reasonable person would discover it
The timing of this “reasonable notice” would be the following unless there’s evidence otherwise:
- Twenty-four hours
- Mailing it at least six days before the planned entry
If you want to show the unit to prospective or actual purchasers, you can give notice verbally, in person, or by telephone. Twenty-four hours is presumed to be reasonable notice unless there’s evidence otherwise. You need to include the date, approximate time, and purpose of the entry. You must leave written notice of the entry inside the unit.
The exceptions to this notice rule are:
- Your tenant consents to an entry to make agreed-upon repairs or supply agreed-upon services. You agree on the date and approximate time of the entrance, as long as it’s within a week of the agreement
- You’re responding to an emergency
- The tenant is present and consents to the entry
- The tenant abandoned or surrendered the unit
If you give written notices, make sure they’re dated, and you have a copy. Keep records of conversations when the tenant verbally agrees to an entry into the unit.
We’re Here to Help
Understanding your rights and how your ability to enter your property is limited is critical to keeping yourself out of legal trouble. If you’re a landlord and have questions about entering a unit, have concerns about an ongoing dispute involving a past entry, or you need legal representation, call Anthony Burton at (949) 244-4207 or fill out our online contact form today.
