Notice to enter: building inspection
Explainer 

When Can the Landlord Enter My Unit? [Updated]

Mark Elliot

According to state law the landlord can enter the premises during business hours and for any lawful purpose. However the law imposes certain conditions because the right-of-entry is often abused by landlords who presume the right to enter because they own the place. That is not at all what the law says! The landlord can enter with proper notice to make agreed-upon repairs, to perform certain health or safety inspections, to address an emergency or to show the premises to prospective buyers or tenants. But the landlord cannot barge in and should not request entry at the doorstep. This explainer digs into Civil Code 1954 so that we tenants can distinguish lawful from unlawful landlord entry.

Overview: Under What Circumstances Can the Landlord Demand to Enter?

A landlord not only owns the property but is responsible for making necessary and emergency repairs. The law grants the landlord a right to enter but that is not unconditional; instead it balances the landlord’s interests against the tenant’s right to quiet enjoyment. That balance is achieved by limiting the reasons for which the landlord, or any landlord’s agent, may enter. And the law limits when the landlord can enter which is “normal business hours.” That is presumed to be 9-5 unless in case of an emergency.

The law also requires requires formal, written 24-hours notice provided in advance. A call or text does not suffice. It should be a notice posted on the door. And it must specify the day and “approximate time” for entry, rather than leaving it vague. (For example a proper notice could say “Tuesday between 1pm and 5pm.”) The landlord may enter to show an apartment to a prospective tenant or buyer. Those rules for access are somewhat different; read more below.

There are two instances where the Civil Code 1954 guardrails on abuse-of-entry don’t apply. First, in case of emergency the landlord may enter without formal notice. However the landlord should first make a good-faith effort to notify the tenant. And second, a tenant may consent to allow the landlord to enter at any hour, and without notice, so long as the demand for entry is without coercion. The landlord cannot simply appear at the door to demand entry or otherwise intimidate a tenant into allowing entry.

Let’s look at these situations in detail before turning to some suggestions about how to handle a landlord’s improper or unlawful request to enter.

Reasons for Lawful Entry

The landlord should not enter for some any purpose other than to make a requested repair, to conduct a specific inspection at some reasonable interval, or to make an emergency repair. We hear too frequently from tenants that the landlord is demanding entry for the purpose of “general inspection” or “maintenance inspection” or “inspection of conditions” or some such thing. State law does not allow the landlord to enter for a general inspection.

Because we hear from tenants concerned about landlord entry and the law is complicated we want to take a close look at the limited reasons for which the law allows entry. Pursuant to Civil Code § 1954 the landlord can enter:

  1. In case of emergency.
  2. To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
  3. When the tenant has abandoned or surrendered the premises.
  4. Pursuant to court order.
  5. For the purposes set forth in Chapter 2.5 (commencing with Section 1954.201).
  6. To comply with the provisions of Article 2.2 (commencing with Section 17973) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

Let’s examine each of those reasons in greater detail.

  • Emergencies. The landlord is responsible for tenant health and safety and thus has the right to enter with less than 24-hour notice, or even no notice, if an emergency requires entry. In such a case the landlord should be able to identify the specific reason for entry and explain to the tenant why it constituted an emergency. If a neighbor reports a water leak that the landlord believes originates in an upper unit, for example, or there is a report of natural gas emanating from the unit, then the landlord can enter without notice if the tenant is not present.
  • Agreed-upon repairs. The landlord has an obligation to maintain the property and is allowed to enter to make a requested repair. This requires proper notice 24-hours in advance. The landlord should make a good faith effort to accommodate the tenant’s preference in regards to scheduling, however the landlord is not obligated so long as the landlord provides proper notice.
  • Exhibiting the unit. The landlord has the right to exhibit the unit to prospective tenants or buyers even if it is currently occupied. Reasonable notice (24 hours) must be provided, but unlike other instances of non-emergency entry the notice may be verbal, rather than posted, but only if the landlord has earlier notified the tenant that the unit will be exhibited and provided that notice fewer than 120 days earlier. The 120-day period allows verbal notice only. If the tenant not present then the exhibitors must leave a note stating that the unit was entered.
  • Abandonment: The landlord has the right to enter the unit if the landlord has reason to believe that the tenant has vacated. Sometimes it is not entirely clear if the unit is vacated if furniture or belongings, say, are left behind. The law presumes good faith on the part of the landlord to enter in order to determine whether the premises has been abandoned.
  • Court order: The landlord has the right to enter premises once possession is returned pursuant to court order. That means an eviction order. The landlord does not have the right to enter the premises until the court has ruled.

Request to Enter for the Purpose of Inspection Needs Special Consideration

Note the references to Civil Code section 1950.5(f) (reason #2), Civil Code section 1954.201 (reason #5), and Health and Safety Code section 17973 (reason #6) among lawful reasons to enter. These concern entry for the purpose of an inspection. However this does not include any kind of inspection. The landlord cannot enter for a ‘general’ or ‘annual’ inspection. These pertain to specific inspections.

  • Civil Code § 1950.5 subsection (f) refers to ‘initial inspection’ of the premises prior to move-out. This is a tenant-requested inspection prior to moving out. This inspection in the company of the landlord or the landlord’s agent “allow[s] the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.” The landlord cannot refuse this request. It must be conducted no sooner than two weeks before the premises is vacated.
  • Chapter 2.5 of the Civil Code commencing with section 1954.201 refers to inspection for the purposes of water conservation and accurate water sub-metering. For the purposes of unit entry only subsection 1954.211 is relevant: “The landlord may enter a dwelling unit as follows: (a) For the purpose of installing, repairing, or replacing a submeter, or for the purpose of investigating or rectifying a condition causing constant or abnormally high water usage, as required by subdivision (a) of Section 1954.210, if the requirements of Section 1954 are met; and (b) To read a submeter….”
  • Article 2.2 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code which commences at HSC § 17973 concerns the inspection of ‘exterior elevated elements that include load-bearing components.’ The concern is that defective, decayed, or deteriorated structural supports may no longer meet load requirements and thus constitute a threat to health or safety. (We’ve all seen aged balconies that sag or tilt.) This provision allows building inspectors, not the landlord, to access those exterior structures from a tenant’s unit for the purpose of inspection. We generally don’t see this cited as a reason to enter the premises.

Additionally there are several other inspection-related provisions hidden away in the state codes that also allow the landlord to enter the unit.

  • Civil Code § 1940.5(f) allows the landlord to enter “periodically” to inspect a waterbed installation to ensure that it meets the law’s requirements concerning placement and floor load capacity. Not many tenants have a waterbed. Bless you if you do, but know that the landlord can enter to inspect it.
  • Health and Safety Code § 13113.7 subsection (d)(2)(A) allows the landlord to enter the unit for the purpose of inspecting the smoke alarm. Under the law, the landlord has a responsibility to install, repair, test or otherwise maintain the alarm, and so may enter to inspect it. Notice must be provided in writing at least 24 hours in advance and, again, entry is allowed only during business hours.
  • Health and Safety Code § 17926.1 subsection (b) allows the landlord to enter the unit for the purpose of installing, repairing, testing, or maintaining carbon monoxide detector. These detectors are required by law.

The smoke alarm and carbon monoxide detector inspections are the reasons most frequently cited by a landlord as a pretext for unit entry for some other purpose. We have seen many instances where a landlord will cite “general inspection” or something similar as a reason to enter. And when that unlawful reason is challenged, the landlord will then cite the smoke alarm or carbon monoxide detector provisions to justify unit entry. These are frequently used as pretexts.

Take for example the Gordon Company. This landlord owns seven rental properties in Beverly Hills and manages them through Property Management Associates. We have heard from Gordon tenants that the property manager demands entry once or twice a year for “inspection.” That is nonsense. The law doesn’t allow for a general inspection. When we pointed that out to PMA the representative simply changed the reason. “We will inspect the smoke alarms.”

It is up to tenants to push back on what is a clear proxy reason to enter because our rent stabilization office takes no interest in unlawful entry. We are on our own.

How to push back? We suggest a polite but firm written correspondence noting that the devices are functioning, the battery was replaced, etc. Inform the landlord that these are user-serviceable devices that alert a tenant when the battery is low. Moreover, changing the battery is a simple task (though a tenant may of course contact the landlord to change the battery). And both the smoke alarm and the carbon monoxide detector provide a test button. Not only do these devices not require regular inspection; tenants are obligated by law to inform the landlord if they don’t function.

If an unscrupulous manager like Property Management Associates invokes the smoke alarm pretext to enter, unfortunately a tenant cannot ultimately refuse entry. Instead we encourage a tenant to be present, if possible, in order to ensure that the inspection is limited only to the smoke alarm. Show the landlord where it is located. Stand behind the landlord as they press the test button or change the battery. Then they see them on their way.

Remember: the scope of an inspection need be no broader than the stated purpose for the inspection.

Time for Entry

For a big job that requires access for more than one day, the notice should state specifically the days and times. “Tuesday and Wednesday 8am to 5pm” is sufficiently specific if that’s when the work will occur. A notice that says sometime between Tuesday 8am and Wednesday 5pm is not sufficiently specific.

to make agreed-upon repairs, to perform certain inspections related to health and safety and to address an emergency (such as a leak or fire hazard). Another less-known provision allows the landlord or his agent to enter for the purpose of exhibiting the premises to a prospective tenant or buyer.

Refusing Entry: Some Suggestions

We suggest any tenant politely refuse the landlord permission to enter if the landlord has not provided a specific and lawful reason. Use this explainer as a guide to refute the stated reason(s) if they are not lawful. Sometimes a landlord will indicate more than one reason for entering. That is a sign that there is no specific purpose.

What happens after the tenant demurs will vary by landlord. Here are some scenarios:

  • You express concern about the reason for entry and the landlord backs down. Maybe the landlord was unclear about the law or expects a tenant not to know the law. In either case this is the best outcome. Ask the landlord to acknowledge in writing that he won’t be entering. That avoids any misunderstanding if the landlord or a worker were show up.
  • You express concern about entry and the landlord amends the notice with a proxy reason. Ask if entry is really necessary. Has the landlord entered for that purpose recently, such as as six months ago? It is not reasonable to inspect the smoke alarm twice annually, for example. If the landlord insists then get that in writing and during the visit monitor the landlord closely.
  • You express concern and regardless of your concern the landlord exerts pressure. Some landlords bully tenants and might bluff-and-bluster about eviction. But know that an educated tenant is an empowered tenant. Stand firm. Demand the landlord identify a specific reason in writing. Compare that with the law’s actual provisions. Confirm in writing that the stated reason is the only purpose for entering.
  • If you refuse entry at the door because the landlord has not provided a lawful reason to enter, or you feel that the landlord has in the past abused the right, then you can simply wait for 3-day notice to correct-or-quit. At that point again communicate in writing your concerns and why you believe entry to be unlawful (and cite the relevant provision). Ultimately you can correct the alleged breach by allowing the entry. Under no circumstances do we recommend a tenant to barricade the door or change the lock in order to prevent entry.

In sum, there are legitimate reasons for the landlord to enter and a tenant may have a legitimate concern about allowing the landlord entry. The law attempts to balance these interests. If the landlord insists on entering unlawfully, then it may then be more practical to seek civil relief later. If the landlord invokes a proxy reason then be present, if possible, or have a witness present and/or document the entry on video. Keep them honest.

Have you received a notice to enter the premises for a purpose other than allowed by law? Please get in touch and we will reach out for a copy of it.

Resources

Exhibit A

PMA notice to enter for inspection
This notice to enter for an inspection of the condition of the unit was provided by a Gordon Properties tenant. This is far too broad to constitute a lawful demand to enter. When challenged, PMA changed the reason to fire alarms. That suggests tenants need to politely push back on inspections when not specific and be aware that the landlord may reach for a pretext for entry. In this case fire alarm is a legitimate inspection purpose. But PMA tenants reported fire alarms had already been recently inspected. Smelled like a pretext. And as in this case, a tenant will find the rent stabilization division not helpful at all when it comes to edgy cases like this.