I need to know the Code that specifies the 24 hour notice necessary for a landlord to enter home
Full Question:
I need to know the Code Section that specifies the 24 hour notice necessary for a landlord to enter a home for an inspection. I cannot find this section and this issue has arisen.
12/06/2007 |
Category: Landlord Tenant |
State: California |
#13465
Answer:
The following is a California statute:
§ 1954 Civ.
(a) A landlord may enter the dwelling unit only in the following cases:
(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.
(b) Except in cases of emergency or when the tenant has abandoned or
surrendered the premises, entry may not be made during other than normal
business hours unless the tenant consents to an entry during other than
normal business hours at the time of entry.
(c) The landlord may not abuse the right of access or use it to harass
the tenant.
(d)
(1) Except as provided in subdivision (e), or as provided in
paragraph (2) or (3), the landlord shall give the tenant reasonable notice
in writing of his or her intent to enter and enter only during normal
business hours. The notice shall include the date, approximate time, and
purpose of the entry. The notice may be personally delivered to the
tenant, 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.
Twenty-four hours shall be presumed to be reasonable notice in absence of
evidence to the contrary. The notice may be mailed to the tenant. Mailing
of the notice at least six days prior to an intended entry is presumed
reasonable notice in the absence of evidence to the contrary.
(2) If the purpose of the entry is to exhibit the dwelling unit to
prospective or actual purchasers, the notice may be given orally, in
person or by telephone, if the landlord or his or her agent has notified
the tenant in writing within 120 days of the oral notice that the
property is for sale and that the landlord or agent may contact the tenant
orally for the purpose described above. Twenty-four hours is presumed
reasonable notice in the absence of evidence to the contrary. The notice
shall include the date, approximate time, and purpose of the entry. At
the time of entry, the landlord or agent shall leave written evidence of
the entry inside the unit.
(3) The tenant and the landlord may agree orally to an entry to make
agreed repairs or supply agreed services. The agreement shall include the
date and approximate time of the entry, which shall be within one week of
the agreement. In this case, the landlord is not required to provide the
tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time of
entry.
(3) After the tenant has abandoned or surrendered the unit.