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Landlord Access to Rental Property
Summary - Access for six reasons, by written notice delivered or posted 24 hours in advance
Civil Code section
states six (6) reasons a landlord may access a rental property: (1) emergency; (2) repairs, maintenance or to show to purchasers & mortgagors; (3) after tenant surrender or abandonment; (4) per court order; (5) for water conservation; and (6) inspection of load bearing elements. Emergency and abandonment don’t require notice and can be made outside of business hours. The other reasons require written notice and can only be during business hours, unless by tenant agreement. Written notice can be by delivering the notice that states date & approximate time of access and purpose of access personally to the tenant, by posting on the door and/or by mail. Best practice is all three, with proof of delivery. Twenty-four (24) hour notice by personal delivery and/or posting is presumed adequate, and six (6) days is presumed adequate if mailed.
A landlord may not abuse the right to enter and may not harass the tenant with entries.
Details
Civil Code section
(a)(1)-(6) specifies the only six (6) reasons a landlord may enter the property. (1) emergency; (2) "to make necessary or agreed repairs"...to exhibit the dwelling to prospective or actual purchasers, mortgagors, tenants, workers, contractors or a pre-move out inspection for purposes of determining return of security under (f) of Civil Code section ; (3) when the tenant has abandoned or surrendered the property; (4) pursuant to a court order; (5) for water conservation under Civil Code section ; (6) inspection of load bearing elements under Health and Safety Code section .Civil Code section
(b) entry must be during normal business hours, except when it is an emergency, abandonment/surrender, or the tenant agrees.Civil Code section
(d)(1) specifies notice requirements, paraphrased as - writing "includ[ing] the date, approximate time, and purpose of the entry that is given to the tenant in a specified manner. The manners specified include: personally delivered...left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. For entries other than exhibiting the dwelling to [prospective] purchasers and mortgagors, twenty-four (24) hours advance notice, or six (6) days if mailed is presumed to be adequate.
For entries to exhibit the dwelling to [prospective] purchasers and mortgagors, if the landlord or the landlord's agent has given the tenant written notice of the sale within 120 days, notice of the specific entry may be by telephone, must state the date, approximate time, and purpose of the entry and twenty-four (24) hours notices is presumed adequate. It would still be best practice to notice entry by personal delivery, posting and mail.
Notice to enter can be served by the landlord. However, if service is contested by the tenant, the landlord's interest will be admissible as evidence of bias to discredit the testimony of service. Use of a third person also has its drawbacks. That third person may be reluctant to testify or find the requirements tor attendance to be onerous. That third person may be impeached for bias, as well.
The law describes the minimum standards for notice. It is best practice to photograph the posting of the notice in a manner that is time stamped, send the notice by mail in a manner where receipt can be tracked, and actually save the tracking close in time to receipt, because tracking evidence is not permanently available from the USPS. The landlord would be advised to use a Proof of Service if the landlord or another person delivers the notice, because, in theory, a Proof of Service declaring facts as true and correct and signed under oath subject to the penalty of perjury is presumed true in litigation.
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