Legal Question in Real Estate Law in California

can my landlord enter property if he does not state why


Asked on 11/16/09, 12:45 am

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

No, he is supposed to tell you why he wishes to enter the house.

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Answered on 11/21/09, 12:57 am
Melvin C. Belli The Belli Law Firm

No unless you let him in, otherwise he has to give you reasonable notice unless it is some sort of emergency situation. He can't just barge in it would interfere with your quiet enjoyment of the property and would be rather weird and perhaps you could get a restraining order against him for such unannounced random "visits".

Hope this helps and good luck.

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Answered on 11/21/09, 1:06 am

Both answers are wrong. As long as "reasonable" notice is given, and the frequency is not a violation of your right to quiet use and enjoyment of the property, the landlord is within their rights. There is no duty to justify the entry if it is on reasonable notice and not so often as to interfere with your right to posession of the property. If they give less than 24hrs notice, or are interfering with your rights of quiet use and enjoyment of the property, however, you have the right to move out and sue for damages.

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Answered on 11/21/09, 2:16 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is all covered by Civil Code section 1954. It starts out by listing the circumstances in which the landlord may enter, and there are several. Then it limits the time of day for entry except in emergencies or when the tenant has abandoned the premises or when the tenant consents. Next, it says the landlord cannot abuse the privilege of entry to harass the tenant.

It goes on to require reasonable prior notice except in emergencies, and to state that 24 hours' notice is presumed reasonable, meaning unless there are unusual circumstances 24 hours is OK but longer or shorter notice might be required to be reasonable in some cases.

Next, as to the contents of the advance notice, the second sentence of subsection 1954(d)(1) says "The notice shall include the date, approximate time, and purpose of the entry."

There are a few additional provisions in CC 1954 that don't directly pertain to your question, such as how the notice can be delivered, authorizing the landlord and tenant to make other voluntary arrangements, and so on.

So, re-read the three prior answers and form your own opinion as to who is right and who is wrong and who is partly right and so on.

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Answered on 11/21/09, 1:23 pm


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