California’s law allows landlords to show an occupied apartment to prospective tenants, but only under certain conditions. Firstly, the landlord must provide the tenant with a written notice of the showing at least 24 hours in advance. This notice must include the date, time, and purpose of the showing, as well as the names of the prospective tenants. The tenant may refuse the showing if they have a reasonable objection. Secondly, the landlord may only show the apartment during normal business hours, unless the tenant agrees otherwise. Lastly, the landlord must take reasonable steps to not disturb the tenant’s peaceful enjoyment of the premises.
Landlord’s Right to Access Rental Unit
In California, landlords have the right to access rental units for several reasons, which include conducting repairs or maintenance, showing the unit to prospective tenants, and inspecting the property for safety or other reasons. However, this right is not absolute, and landlords must generally provide reasonable notice before entering the unit and respect the tenant’s privacy rights.
Notice Requirements
- For repairs and maintenance: At least 24 hours’ notice is required, except in emergency situations.
- For showing the unit to prospective tenants: Reasonable notice is required, which may vary depending on the circumstances.
- For inspections: Landlords must provide at least 24 hours’ notice, but they can enter without notice if they have a court order or if there is an emergency.
Tenant’s Rights
- Tenants have the right to refuse entry to the landlord, but they cannot unreasonably withhold consent.
- Tenants can request that the landlord be accompanied by another person during the inspection.
- Tenants can file a complaint with the local housing authority if they believe that the landlord has violated their privacy rights.
Landlord’s Responsibilities
- Landlords must provide tenants with a written notice of entry that includes the date, time, and purpose of the entry.
- Landlords must respect the tenant’s privacy and avoid causing any unnecessary disruption.
- Landlords cannot enter the unit for any purpose other than those listed in the notice of entry.
| Code Section | Description |
|---|---|
| § 1954 | Landlord’s right to enter for repairs and maintenance |
| § 1954.5 | Landlord’s right to enter to show the unit to prospective tenants |
| § 1954.6 | Landlord’s right to enter to inspect the property |
Notice Requirements for Landlord Entry
In California, landlords are required to provide tenants with advance notice before entering a rental unit. California Code of Civil Procedure Section 1161’s notice requirements for residential properties are divided into two categories:
- Normal Entry: For routine repairs, maintenance, or inspections, the landlord must provide the tenant with at least 24 hours’ written notice.
- Emergency Entry: If there is an emergency situation (fire, flood, etc.), the landlord may enter without notice.
Landlord Entry Notice: What It Must Include
- Date and proposed time of entry
- Purpose of entry
- Name of person(s) who will be present during entry
- Statement that the tenant may refuse entry and request an alternative time
The notice must be in writing and delivered to the tenant in person, or by mail or electronic mail. If the landlord does not provide proper notice, the tenant can refuse entry and even sue the landlord for damages.
Exceptions to the Notice Requirement
- To make repairs or perform maintenance necessary to keep the premises in a habitable condition
- To respond to an emergency or to prevent imminent harm to persons or property
- To show the unit to prospective tenants or buyers
Tenant Rights During Landlord Entry
- The tenant can refuse entry if the landlord does not provide proper notice.
- The tenant can request an alternative time for the landlord to enter.
- The tenant can be present during the landlord’s entry.
- The tenant can take photos or videos of any damage or repairs made during the landlord’s entry.
| Type of Entry | Notice Required | Exceptions |
| Normal Entry | 24 hours in writing | Repairs, maintenance, or inspections |
| Emergency Entry | No notice required | Fire, flood, or imminent harm to persons or property |
| Showing the Unit | Reasonable notice | Prospective tenants or buyers |
Conclusion
Landlords in California must provide tenants with proper notice before entering a rental unit. Tenants have the right to refuse entry if the landlord does not provide proper notice, and they can also request an alternative time for the landlord to enter.
Tenant’s Rights During Landlord Entry
As a tenant, you have certain rights when it comes to your landlord entering your apartment. These rights are designed to protect your privacy and ensure that you have a peaceful and quiet living environment.
Notice Requirements
- Your landlord must give you written notice of their intent to enter your apartment. The notice must be given at least 24 hours in advance, unless there is an emergency.
- The notice must state the date, time, and purpose of the entry.
- The landlord may enter your apartment without notice only in the following circumstances:
- To prevent or mitigate a health or safety hazard.
- To make repairs that cannot be made while you are present.
- To show the apartment to prospective tenants or buyers.
Right to be Present
You have the right to be present during any inspection or repair of your apartment. You may also choose to have a representative present, such as a friend, family member, or lawyer.
Landlord’s Obligations
- Your landlord must enter your apartment in a peaceable and non-destructive manner.
- The landlord may not enter your apartment for any purpose other than those listed above.
- The landlord must leave your apartment in the same condition as it was found.
What to Do If Your Landlord Violates Your Rights
- If your landlord violates your rights, you may file a complaint with the local housing authority.
- You may also be able to sue your landlord for damages.
| Right | Landlord’s Obligation | Tenant’s Right |
|---|---|---|
| Notice | Give written notice at least 24 hours in advance | Be present during any inspection or repair |
| Purpose | State the date, time, and purpose of the entry | Have a representative present |
| Entry | Enter in a peaceable and non-destructive manner | File a complaint with the local housing authority |
| Condition | Leave the apartment in the same condition as it was found | Sue the landlord for damages |
Legal Remedies for Tenants in California
If your landlord violates your right to privacy by showing your apartment while it is occupied, you may have several legal remedies available to you under California law. These remedies may include:
- Withholding rent: You may be able to withhold rent until the landlord stops showing your apartment without your permission or until the landlord agrees to pay you for each showing.
- Filing a lawsuit: You may be able to file a lawsuit against your landlord for damages, including emotional distress and loss of enjoyment of your home.
- Reporting the landlord to the local housing authority: You can report your landlord to the local housing authority, which may investigate the complaint and take action against the landlord.
The following table provides a summary of the legal remedies available to tenants in California whose landlords show their apartments while they are occupied:
| Legal Remedy | Description |
|---|---|
| Withholding rent | Rent may be withheld until the landlord stops showing the apartment without permission or pays for each showing. |
| Filing a lawsuit | A lawsuit may be filed against the landlord for damages, including emotional distress and loss of enjoyment of the home. |
| Reporting the landlord to the local housing authority | The landlord may be reported to the local housing authority, which may investigate the complaint and take action. |
If you are a tenant in California and your landlord is showing your apartment while it is occupied, you should speak to a qualified attorney to discuss your legal options.
Hey folks, thanks for hanging out with me while we went over the rules about showing occupied apartments in California. I hope you found this helpful and informative. If you have any questions, be sure to drop them in the comments below and I’ll do my best to answer them. Otherwise, that’s all for now. Thanks again for reading, and I hope to see you back here soon for more rental insights and landlord tips. Until next time, keep renting responsibly!