California Landlord Entry Rules and Tenant Privacy

California Civil Code section 1954 lets a landlord enter an occupied rental only for the reasons it lists, such as repairs, agreed services, showings, and the tenant's pre-move-out inspection. For most entries you must give written notice stating the date, approximate time, and purpose, and 24 hours is presumed reasonable. You must enter during normal business hours. No notice is needed in an emergency, when the tenant is present and agrees at the time, or after the tenant has moved out or abandoned the unit.

When can a California landlord enter?

Section 1954 gives a closed list. You may enter only:

• In an emergency.
• To make necessary or agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services.
• To show the unit to prospective or actual buyers, mortgage lenders, tenants, workers, or contractors.
• To conduct the initial move-out inspection the tenant requested under section 1950.5(f).
• When the tenant has abandoned or surrendered the unit.
• Under a court order.
• For a few specialized purposes set by other statutes, including water submeter work, inspections of balconies and decks, and repairing or testing smoke and carbon monoxide detectors.

The California Department of Real Estate's tenant guide states it plainly: a landlord does not have the right to enter for a general inspection. If you want to check the unit's condition, tie the visit to one of the listed reasons, such as checking smoke alarms or a repair the tenant reported, and say so in the notice.

How do you give proper notice?

The notice must be in writing and state the date, approximate time, and purpose of the entry. Section 1954 lists four ways to deliver it:

The 24-hour and 6-day periods are presumptions, which means a court treats them as reasonable unless the tenant shows otherwise. Email is not one of the listed methods. If you also email the notice, deliver it by a listed method too.

Enter only during normal business hours. The statute does not define the phrase; the Department of Real Estate describes it as generally 8 a.m. to 5 p.m., seven days a week. Entry outside those hours requires the tenant's consent at the time of entry, unless it is an emergency or the tenant has abandoned or surrendered the unit.

A tenant cannot sign away these rules. Under Civil Code section 1953, a lease clause in which the tenant waives or modifies rights under section 1954 is void.

Are there exceptions to written notice?

Yes, three situations need no notice at all, and two allow oral notice.

No notice is required to respond to an emergency, when the tenant is present and consents to the entry at the time, or after the tenant has abandoned or surrendered the unit.

Oral notice works in these cases:

1. Agreed repairs or services. You and the tenant can agree orally to an entry for agreed repairs or services. The agreement must include the date and approximate time, and the entry must happen within one week of the agreement.
2. Showings to buyers. If the property is for sale, you or your agent can give notice of a showing in person or by phone, but only after notifying the tenant in writing, within 120 days before the oral notice, that the property is for sale and that you may contact them orally to arrange showings. Twenty-four hours is presumed reasonable, the oral notice must state the date, approximate time, and purpose, and you must leave written evidence of the entry inside the unit, such as a business card. This exception covers buyers only, so showings to prospective tenants still need written notice.

How does the pre-move-out inspection work?

Section 1950.5(f) creates an initial inspection before the tenant moves out, so the tenant can fix problems and avoid deductions from the security deposit. Within a reasonable time after either side gives notice of ending the tenancy, or before the lease term ends, you must tell the tenant in writing about the right to request this inspection and to be present. These inspection requirements do not apply to terminations under Code of Civil Procedure section 1161(2), (3), or (4), including nonpayment of rent and qualifying lease violations.

If the tenant asks for it, the inspection can happen no earlier than 2 weeks before the tenancy ends. You and the tenant must first try to arrange a date and time that works for both of you. You must give at least 48 hours' written notice of the date and time, not the 24 hours used for other entries, unless you and the tenant both sign a written waiver of that notice. You then give the tenant an itemized statement of the repairs or cleaning you plan to charge for. Our guide to California security deposit laws covers the itemized statement, deductions, and the 21-day return deadline.

What if a tenant refuses entry?

For a tenancy covered by the Tenant Protection Act, section 1946.2 lists a tenant's refusal to allow entry authorized by section 1954 as an at-fault just cause for ending the tenancy. The Act applies after a tenant has lawfully lived in the unit for 12 months. It does not cover several property types, including housing with a certificate of occupancy issued within the last 15 years, duplexes where the owner occupied one unit as their principal residence when the tenancy began and continues living there, and single-family homes or condos owned by individuals (not a corporation or REIT) when the tenant received the required written exemption notice.

A refusal is usually a violation the tenant can fix, so the Act requires a notice to cure first. Serve a 3-day notice to perform or quit, which under the eviction statute excludes Saturdays, Sundays, and court holidays from the 3 days. If the tenant still refuses, you can serve a 3-day notice to quit and then file an unlawful detainer. Our guide to the California eviction process explains the court steps.

Before relying on refusal as a ground, confirm the entry was lawful: a listed purpose, written notice with date, time, and purpose, and normal business hours. The just cause ground covers refusal of entry "as authorized by" section 1954, so it does not reach a refusal of an entry that broke those rules. When the entry is for a repair, keep the notices with your repair records; our guide to California maintenance and repair obligations covers the repair side.

What are the penalties for improper entry?

Section 1954(c) bars a landlord from abusing the right of access or using it to harass the tenant. A tenant can sue for the damages an improper entry caused, including in small claims court, according to the Department of Real Estate.

The larger risk is section 1940.2. If you commit a significant and intentional violation of section 1954 for the purpose of influencing the tenant to move out, the tenant can recover a civil penalty of up to $2,000 for each violation. Three unlawful entries made to pressure a tenant to leave could expose you to up to 3 x $2,000 = $6,000 in penalties, plus any actual damages.

Write the notice requirements into your lease and use a standard notice form, so every entry has a dated record of its purpose and delivery. Our article on California lease required disclosures covers what else the lease must include, and our article on emergency entry lists situations, such as smoke or a water leak, where you can go in without notice.