Landlord Entry & Notice — California Civil Code § 1954

California limits when a landlord may enter an occupied rental at all. Civil Code § 1954 lists the only permitted reasons for entry, sets notice requirements tied to normal business hours, and makes clear that the right of entry may never be abused or used to harass the tenant (§ 1954(c)).

Most of the disputes GoCodebook sees turn on two questions: was the reason for entry one of the ones the statute actually lists, and was the notice given in the right form and with enough lead time? Both are answered directly by the text below.

Entry is allowed 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 purchasers, mortgagees, tenants, workers, or contractors, or to conduct the move-out inspection under § 1950.5(f); when the tenant has abandoned or surrendered the unit; pursuant to a court order; or for water-submetering and specific bedbug-related purposes referenced in the statute (§ 1954(a)).

Outside an emergency or abandonment, entry may not happen outside normal business hours unless the tenant consents to a different time at the moment of entry (§ 1954(b)). The landlord may not abuse this right of access or use it to harass the tenant (§ 1954(c)).

The default rule is written notice stating the date, approximate time, and purpose of the entry, delivered in person, left with someone of suitable age at the premises, left at the usual entry door, or mailed. 24 hours is presumed to be reasonable notice, and mailing the notice at least 6 days before the intended entry is also presumed reasonable, in either case absent evidence to the contrary (§ 1954(d)(1)).

Two exceptions relax the written-notice requirement. To show the unit to a prospective or actual purchaser, the landlord may give oral notice (in person or by phone) — 24 hours is again presumed reasonable — if the landlord separately gave the tenant written notice, within the prior 120 days, that the property is for sale and that oral contact may follow; the landlord must then leave written evidence of the entry inside the unit (§ 1954(d)(2)). For agreed repairs or services, the landlord and tenant may agree orally on a date and approximate time, as long as the entry happens within one week of the agreement — no written notice is required in that case (§ 1954(d)(3)).

No notice of entry is required to respond to an emergency, if the tenant is present and consents to the entry at the time, or after the tenant has abandoned or surrendered the unit (§ 1954(e)). Outside those three situations and the two relaxed-notice cases above, the written-notice-and-normal-hours rule applies.

A landlord who enters repeatedly without a listed reason, or who times entries to pressure a tenant, risks liability for abusing the right of access — and, if the entry follows a tenant's complaint or repair request, may also run into the retaliation rules of § 1942.5.