Legal Question in Landlord & Tenant Law in California

A 24 notice was given to tenants to show the apartment on Sat. from 10 am to 12 noon to a prospective buyer. And tenant cited Civial Code 1954 that Sat. time is not normal business hours. This tenant is intentionally difficult. Advice?


Asked on 8/06/10, 7:21 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The Code section is as to "business hours" not business days. Obviously the weekend is the most logical time to show a unit as people are more likely to be at home and potential buyers/renters available. Tell the tenants that that is what an attorney you consulted said; also, what case law do they have that contradict that reading.

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Answered on 8/11/10, 1:01 pm

There is no case law I have been able to find that interprets that provision. Considering that most businesses that serve consumers are open on Saturdays and Sundays, and rental property is a consumer service, I have always argued that any time the tenant could go to a local small business, I can enter my property. However, without any authority for it, the Dept. of Consumer Affairs says in their landlord/tenant handbook that normal business hours are M-F. http://www.dca.ca.gov/publications/landlordbook/catenant.pdf So unless you want to make yourself a test case, by evicting the tenant for refusal to allow access (which even the S.F. Tenants Union acknowledges you can do), probably best to just make arrangements to show the property from 9-5 M-F.

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Answered on 8/11/10, 2:33 pm


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