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Can I enter a rental property without giving notice if I'm afraid a tenant may be hurt?


3 day notice to cure breach or quit over a dirty bathtubCan I deny access to a jointly-owned property to protect my own property?Last day to give notice for UK Assured Shorthold Tenancy (AST)At what point can I pay someone else to do maintenance and deduct the cost from rent?Lease Terminated, Tenant Has Not Moved Out Yet and Cannot Pay RentCan a landlord renege on a verbal rent agreement made by former staff?If landlord insists/pressures tenant to move out early should mutual agreement to end tenancy be signed?Lease agreement contradicts application and the real tenant is no longer here. What are my rights?My landlord decided that my rent is due earlier than we had agreedCan I rent a unit out that has already been paid for by a past tenant?






.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;








3















I rent a Mother-In-Laws quarters that is on the side of my house. It has a private entrance.



If I'm concerned something has happened to the tenant, am I legally allowed to enter the building without giving notice?



Some background:
For the first time, my tenant is late on rent, and hasn't contacted me in any way which seems very unusual for her. Yesterday I texted once to remind about the rent, and a second time asking if they are okay once I noticed there was still mail from a few days ago in her mail box right by her door with no response. I also couldn't hear TV through the wall which I usually can, and her curtains were never opened which I notice she usually does during the day. The air conditioning also wasn't on all day, which is also unusual. She's elderly and I'm afraid she may have fallen or even worse. I'm planning on knocking on her door on my lunch break. If she does not answer the door, I'm trying to figure out if I can go ahead and enter the property and make sure everything is okay.










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  • 11





    Call the police and have them do a welfare check.

    – BlueDogRanch
    8 hours ago

















3















I rent a Mother-In-Laws quarters that is on the side of my house. It has a private entrance.



If I'm concerned something has happened to the tenant, am I legally allowed to enter the building without giving notice?



Some background:
For the first time, my tenant is late on rent, and hasn't contacted me in any way which seems very unusual for her. Yesterday I texted once to remind about the rent, and a second time asking if they are okay once I noticed there was still mail from a few days ago in her mail box right by her door with no response. I also couldn't hear TV through the wall which I usually can, and her curtains were never opened which I notice she usually does during the day. The air conditioning also wasn't on all day, which is also unusual. She's elderly and I'm afraid she may have fallen or even worse. I'm planning on knocking on her door on my lunch break. If she does not answer the door, I'm trying to figure out if I can go ahead and enter the property and make sure everything is okay.










share|improve this question









New contributor



Kyle is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
















  • 11





    Call the police and have them do a welfare check.

    – BlueDogRanch
    8 hours ago













3












3








3








I rent a Mother-In-Laws quarters that is on the side of my house. It has a private entrance.



If I'm concerned something has happened to the tenant, am I legally allowed to enter the building without giving notice?



Some background:
For the first time, my tenant is late on rent, and hasn't contacted me in any way which seems very unusual for her. Yesterday I texted once to remind about the rent, and a second time asking if they are okay once I noticed there was still mail from a few days ago in her mail box right by her door with no response. I also couldn't hear TV through the wall which I usually can, and her curtains were never opened which I notice she usually does during the day. The air conditioning also wasn't on all day, which is also unusual. She's elderly and I'm afraid she may have fallen or even worse. I'm planning on knocking on her door on my lunch break. If she does not answer the door, I'm trying to figure out if I can go ahead and enter the property and make sure everything is okay.










share|improve this question









New contributor



Kyle is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











I rent a Mother-In-Laws quarters that is on the side of my house. It has a private entrance.



If I'm concerned something has happened to the tenant, am I legally allowed to enter the building without giving notice?



Some background:
For the first time, my tenant is late on rent, and hasn't contacted me in any way which seems very unusual for her. Yesterday I texted once to remind about the rent, and a second time asking if they are okay once I noticed there was still mail from a few days ago in her mail box right by her door with no response. I also couldn't hear TV through the wall which I usually can, and her curtains were never opened which I notice she usually does during the day. The air conditioning also wasn't on all day, which is also unusual. She's elderly and I'm afraid she may have fallen or even worse. I'm planning on knocking on her door on my lunch break. If she does not answer the door, I'm trying to figure out if I can go ahead and enter the property and make sure everything is okay.







california rental-property






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Kyle is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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edited 9 hours ago







Kyle













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KyleKyle

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Check out our Code of Conduct.












  • 11





    Call the police and have them do a welfare check.

    – BlueDogRanch
    8 hours ago












  • 11





    Call the police and have them do a welfare check.

    – BlueDogRanch
    8 hours ago







11




11





Call the police and have them do a welfare check.

– BlueDogRanch
8 hours ago





Call the police and have them do a welfare check.

– BlueDogRanch
8 hours ago










2 Answers
2






active

oldest

votes


















9














Most leases have a provision allowing a landlord to make entry without notice in an emergency, but the better course of action, as noted in a comment by @BlueDogRanch, is to call the police and ask them to make a "welfare check." You would ordinarily be permitted to cooperate with police by unlocking doors in furtherance of their welfare check.



The police are trained to do this properly in a way that properly balances the need to aid someone who is sick or ill, the need to preserve evidence if there was a death or crime that needs to be understood legally, and to protect the legitimate privacy interests of the tenant.



You are not. You could incur liability for failing to prevent death or aggravating injury, could be wrongfully implicated if physical evidence from you contaminates the scene or you destroy evidence showing the true cause, and could be sued for invading the tenant's privacy if it was found that you entry was unreasonable and that it wasn't really an emergency which is always easier to conclude with 20-20 hindsight.



As it is, your biggest potential source of liability is delaying in calling the police seeking a welfare check. They often respond quite quickly to these by the way, although it is not the very highest priority for law enforcement.






share|improve this answer



























  • Thank you. I found some legal code online that said emergencies were okay, but listed things like fire or plumbing leaks and didn't know if this would apply. Following the advice here, I called the police for a welfare check. She was not in the building. The officer didn't do much, and had me enter the building myself, and seemed to think this was entirely about rent, which was a little annoying but I'm still glad I called and at least know she's not dying and in need of help.

    – Kyle
    4 hours ago






  • 1





    Good move. You've immunized yourself from liability and taken steps to prevent a possible harm. You probably want to stay alert to the possibility that she has gone missing or suffered a mishap somewhere else. If it goes too long, consider calling a contact number if you have one for the tenant.

    – ohwilleke
    4 hours ago


















2














All usual disclaimers apply, IANAL, etc.



Apparently entry in CA should be done during office hours (9-5):



https://homeguides.sfgate.com/california-laws-unlawful-entry-residential-property-landlord-34199.html



That being said, most contracts and state law provide for landlords to provide notice and entry to perform maintenance.



A Landlord's Right of Entry



1. Does my landlord have the right to enter my apartment whenever he or she
wants?
A landlord or manager may enter rented premises while the tenant is living there without
advance notice in the case of emergency, such as a fire or serious water leak. And, of
course, a landlord may enter when a tenant gives permission.
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your
permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for
anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within
which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that
realtors will be showing the property is given, for the next 120 days only an oral telephonic
24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended
repair, daily entry, or excessive range of entry time are probably all "abuses" which you
have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the
place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not
clear, here, and the above is the best interpretation of what the law probably is.
2. What are examples of situations when a landlord may enter, but only after
giving the tenant reasonable notice?
Typically, a landlord has the right to enter rented premises after giving tenants reasonable
notice in order to make needed repairs (or assess the need for them) and to show the
property to prospective new tenants or purchasers. In addition, a landlord may enter rented
premises in instances of abandonment (that is, when the tenant moves out without
notifying the landlord) or by court order. A landlord may not enter just to check up on the
tenant.
3. Assuming it is not an emergency, but the landlord has a valid reason to enter --
for example, to make repairs -- what kind of notice is required?
Landlords are required to provide a specific amount of notice (usually 24 hours) before
entering a rental unit. In California, landlords must provide a reasonable amount of notice,
legally presumed to be 24 hours. Landlords can usually enter on shorter notice if it is
impracticable to provide the required amount of notice.
4. May a landlord enter a rental unit any time of day, as long as he's given the
required amount of notice?No. In most instances -- except emergencies, abandonment and invitation by tenant --
states allow a landlord to enter only at reasonable times, without setting specific hours and
days. California state law requires that landlords may enter only during normal business
hours. This would be Monday through Friday, between the hours of 8 a.m. and 5 p.m.
5. What are the landlord's options if a tenant refuses to allow entry even when a
landlord has given adequate notice and has a valid reason to enter?
A landlord should not force entry except when there is a true emergency, such as a fire or
gas leak. However, if a tenant is repeatedly unreasonable in denying the landlord access,
the landlord can legally enter anyway, during reasonable times, provided he does so in a
peaceful manner. However, in no case should the landlord enter if the tenant is present and
saying "stay out."
If a landlord has a serious conflict over access with an otherwise satisfactory tenant, a
sensible first step is to meet with the tenant to see if the problem can be resolved. Often,
neighborhood mediation programs will, for a low cost, help work out an agreement. If these
attempts at compromise don't work, a landlord can usually evict the tenant for violating the
lease or rental agreement, assuming it contains an appropriate right-of-entry provision.
6. What should a tenant do if a landlord repeatedly violates her privacy rights by
entering the rental unit with no good reason and/or advance notice?
Call the police. A landlord or manager who enter a tenant’s apartment without permission is
trespassing. Also, consult an attorney regarding taking legal action.





share|improve this answer

























  • This is an emergency. There is a good faith reason to believe that the tenant has suffered a time critical injury or has died that needs an immediate response.

    – ohwilleke
    4 hours ago












  • Thank you to both of you. I had found that but I wasn't sure if this was considered an emergency or not.

    – Kyle
    4 hours ago






  • 1





    @ohwilleke I agree with your assessment and the quoted document seems to support your position. If there is a genuine concern with cause for the tenant well being then there is support for entry per your guidance. Where it becomes sticky is if the tenant is behind on rent or there are other problems (behavior, etc.) with the renter.

    – gatorback
    4 hours ago











  • @gatorback Agreed.

    – ohwilleke
    4 hours ago











  • She was behind on rent by a few days since it was due on the 1st, but I went ahead and called the police for a welfare check. She was not in the unit. Very strange that her car is here and she's been gone for so long without saying anything, but at least I know she's not hurt in the unit in need of help.

    – Kyle
    3 hours ago













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2 Answers
2






active

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votes








2 Answers
2






active

oldest

votes









active

oldest

votes






active

oldest

votes









9














Most leases have a provision allowing a landlord to make entry without notice in an emergency, but the better course of action, as noted in a comment by @BlueDogRanch, is to call the police and ask them to make a "welfare check." You would ordinarily be permitted to cooperate with police by unlocking doors in furtherance of their welfare check.



The police are trained to do this properly in a way that properly balances the need to aid someone who is sick or ill, the need to preserve evidence if there was a death or crime that needs to be understood legally, and to protect the legitimate privacy interests of the tenant.



You are not. You could incur liability for failing to prevent death or aggravating injury, could be wrongfully implicated if physical evidence from you contaminates the scene or you destroy evidence showing the true cause, and could be sued for invading the tenant's privacy if it was found that you entry was unreasonable and that it wasn't really an emergency which is always easier to conclude with 20-20 hindsight.



As it is, your biggest potential source of liability is delaying in calling the police seeking a welfare check. They often respond quite quickly to these by the way, although it is not the very highest priority for law enforcement.






share|improve this answer



























  • Thank you. I found some legal code online that said emergencies were okay, but listed things like fire or plumbing leaks and didn't know if this would apply. Following the advice here, I called the police for a welfare check. She was not in the building. The officer didn't do much, and had me enter the building myself, and seemed to think this was entirely about rent, which was a little annoying but I'm still glad I called and at least know she's not dying and in need of help.

    – Kyle
    4 hours ago






  • 1





    Good move. You've immunized yourself from liability and taken steps to prevent a possible harm. You probably want to stay alert to the possibility that she has gone missing or suffered a mishap somewhere else. If it goes too long, consider calling a contact number if you have one for the tenant.

    – ohwilleke
    4 hours ago















9














Most leases have a provision allowing a landlord to make entry without notice in an emergency, but the better course of action, as noted in a comment by @BlueDogRanch, is to call the police and ask them to make a "welfare check." You would ordinarily be permitted to cooperate with police by unlocking doors in furtherance of their welfare check.



The police are trained to do this properly in a way that properly balances the need to aid someone who is sick or ill, the need to preserve evidence if there was a death or crime that needs to be understood legally, and to protect the legitimate privacy interests of the tenant.



You are not. You could incur liability for failing to prevent death or aggravating injury, could be wrongfully implicated if physical evidence from you contaminates the scene or you destroy evidence showing the true cause, and could be sued for invading the tenant's privacy if it was found that you entry was unreasonable and that it wasn't really an emergency which is always easier to conclude with 20-20 hindsight.



As it is, your biggest potential source of liability is delaying in calling the police seeking a welfare check. They often respond quite quickly to these by the way, although it is not the very highest priority for law enforcement.






share|improve this answer



























  • Thank you. I found some legal code online that said emergencies were okay, but listed things like fire or plumbing leaks and didn't know if this would apply. Following the advice here, I called the police for a welfare check. She was not in the building. The officer didn't do much, and had me enter the building myself, and seemed to think this was entirely about rent, which was a little annoying but I'm still glad I called and at least know she's not dying and in need of help.

    – Kyle
    4 hours ago






  • 1





    Good move. You've immunized yourself from liability and taken steps to prevent a possible harm. You probably want to stay alert to the possibility that she has gone missing or suffered a mishap somewhere else. If it goes too long, consider calling a contact number if you have one for the tenant.

    – ohwilleke
    4 hours ago













9












9








9







Most leases have a provision allowing a landlord to make entry without notice in an emergency, but the better course of action, as noted in a comment by @BlueDogRanch, is to call the police and ask them to make a "welfare check." You would ordinarily be permitted to cooperate with police by unlocking doors in furtherance of their welfare check.



The police are trained to do this properly in a way that properly balances the need to aid someone who is sick or ill, the need to preserve evidence if there was a death or crime that needs to be understood legally, and to protect the legitimate privacy interests of the tenant.



You are not. You could incur liability for failing to prevent death or aggravating injury, could be wrongfully implicated if physical evidence from you contaminates the scene or you destroy evidence showing the true cause, and could be sued for invading the tenant's privacy if it was found that you entry was unreasonable and that it wasn't really an emergency which is always easier to conclude with 20-20 hindsight.



As it is, your biggest potential source of liability is delaying in calling the police seeking a welfare check. They often respond quite quickly to these by the way, although it is not the very highest priority for law enforcement.






share|improve this answer















Most leases have a provision allowing a landlord to make entry without notice in an emergency, but the better course of action, as noted in a comment by @BlueDogRanch, is to call the police and ask them to make a "welfare check." You would ordinarily be permitted to cooperate with police by unlocking doors in furtherance of their welfare check.



The police are trained to do this properly in a way that properly balances the need to aid someone who is sick or ill, the need to preserve evidence if there was a death or crime that needs to be understood legally, and to protect the legitimate privacy interests of the tenant.



You are not. You could incur liability for failing to prevent death or aggravating injury, could be wrongfully implicated if physical evidence from you contaminates the scene or you destroy evidence showing the true cause, and could be sued for invading the tenant's privacy if it was found that you entry was unreasonable and that it wasn't really an emergency which is always easier to conclude with 20-20 hindsight.



As it is, your biggest potential source of liability is delaying in calling the police seeking a welfare check. They often respond quite quickly to these by the way, although it is not the very highest priority for law enforcement.







share|improve this answer














share|improve this answer



share|improve this answer








edited 6 hours ago

























answered 6 hours ago









ohwillekeohwilleke

57.7k2 gold badges68 silver badges148 bronze badges




57.7k2 gold badges68 silver badges148 bronze badges















  • Thank you. I found some legal code online that said emergencies were okay, but listed things like fire or plumbing leaks and didn't know if this would apply. Following the advice here, I called the police for a welfare check. She was not in the building. The officer didn't do much, and had me enter the building myself, and seemed to think this was entirely about rent, which was a little annoying but I'm still glad I called and at least know she's not dying and in need of help.

    – Kyle
    4 hours ago






  • 1





    Good move. You've immunized yourself from liability and taken steps to prevent a possible harm. You probably want to stay alert to the possibility that she has gone missing or suffered a mishap somewhere else. If it goes too long, consider calling a contact number if you have one for the tenant.

    – ohwilleke
    4 hours ago

















  • Thank you. I found some legal code online that said emergencies were okay, but listed things like fire or plumbing leaks and didn't know if this would apply. Following the advice here, I called the police for a welfare check. She was not in the building. The officer didn't do much, and had me enter the building myself, and seemed to think this was entirely about rent, which was a little annoying but I'm still glad I called and at least know she's not dying and in need of help.

    – Kyle
    4 hours ago






  • 1





    Good move. You've immunized yourself from liability and taken steps to prevent a possible harm. You probably want to stay alert to the possibility that she has gone missing or suffered a mishap somewhere else. If it goes too long, consider calling a contact number if you have one for the tenant.

    – ohwilleke
    4 hours ago
















Thank you. I found some legal code online that said emergencies were okay, but listed things like fire or plumbing leaks and didn't know if this would apply. Following the advice here, I called the police for a welfare check. She was not in the building. The officer didn't do much, and had me enter the building myself, and seemed to think this was entirely about rent, which was a little annoying but I'm still glad I called and at least know she's not dying and in need of help.

– Kyle
4 hours ago





Thank you. I found some legal code online that said emergencies were okay, but listed things like fire or plumbing leaks and didn't know if this would apply. Following the advice here, I called the police for a welfare check. She was not in the building. The officer didn't do much, and had me enter the building myself, and seemed to think this was entirely about rent, which was a little annoying but I'm still glad I called and at least know she's not dying and in need of help.

– Kyle
4 hours ago




1




1





Good move. You've immunized yourself from liability and taken steps to prevent a possible harm. You probably want to stay alert to the possibility that she has gone missing or suffered a mishap somewhere else. If it goes too long, consider calling a contact number if you have one for the tenant.

– ohwilleke
4 hours ago





Good move. You've immunized yourself from liability and taken steps to prevent a possible harm. You probably want to stay alert to the possibility that she has gone missing or suffered a mishap somewhere else. If it goes too long, consider calling a contact number if you have one for the tenant.

– ohwilleke
4 hours ago













2














All usual disclaimers apply, IANAL, etc.



Apparently entry in CA should be done during office hours (9-5):



https://homeguides.sfgate.com/california-laws-unlawful-entry-residential-property-landlord-34199.html



That being said, most contracts and state law provide for landlords to provide notice and entry to perform maintenance.



A Landlord's Right of Entry



1. Does my landlord have the right to enter my apartment whenever he or she
wants?
A landlord or manager may enter rented premises while the tenant is living there without
advance notice in the case of emergency, such as a fire or serious water leak. And, of
course, a landlord may enter when a tenant gives permission.
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your
permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for
anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within
which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that
realtors will be showing the property is given, for the next 120 days only an oral telephonic
24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended
repair, daily entry, or excessive range of entry time are probably all "abuses" which you
have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the
place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not
clear, here, and the above is the best interpretation of what the law probably is.
2. What are examples of situations when a landlord may enter, but only after
giving the tenant reasonable notice?
Typically, a landlord has the right to enter rented premises after giving tenants reasonable
notice in order to make needed repairs (or assess the need for them) and to show the
property to prospective new tenants or purchasers. In addition, a landlord may enter rented
premises in instances of abandonment (that is, when the tenant moves out without
notifying the landlord) or by court order. A landlord may not enter just to check up on the
tenant.
3. Assuming it is not an emergency, but the landlord has a valid reason to enter --
for example, to make repairs -- what kind of notice is required?
Landlords are required to provide a specific amount of notice (usually 24 hours) before
entering a rental unit. In California, landlords must provide a reasonable amount of notice,
legally presumed to be 24 hours. Landlords can usually enter on shorter notice if it is
impracticable to provide the required amount of notice.
4. May a landlord enter a rental unit any time of day, as long as he's given the
required amount of notice?No. In most instances -- except emergencies, abandonment and invitation by tenant --
states allow a landlord to enter only at reasonable times, without setting specific hours and
days. California state law requires that landlords may enter only during normal business
hours. This would be Monday through Friday, between the hours of 8 a.m. and 5 p.m.
5. What are the landlord's options if a tenant refuses to allow entry even when a
landlord has given adequate notice and has a valid reason to enter?
A landlord should not force entry except when there is a true emergency, such as a fire or
gas leak. However, if a tenant is repeatedly unreasonable in denying the landlord access,
the landlord can legally enter anyway, during reasonable times, provided he does so in a
peaceful manner. However, in no case should the landlord enter if the tenant is present and
saying "stay out."
If a landlord has a serious conflict over access with an otherwise satisfactory tenant, a
sensible first step is to meet with the tenant to see if the problem can be resolved. Often,
neighborhood mediation programs will, for a low cost, help work out an agreement. If these
attempts at compromise don't work, a landlord can usually evict the tenant for violating the
lease or rental agreement, assuming it contains an appropriate right-of-entry provision.
6. What should a tenant do if a landlord repeatedly violates her privacy rights by
entering the rental unit with no good reason and/or advance notice?
Call the police. A landlord or manager who enter a tenant’s apartment without permission is
trespassing. Also, consult an attorney regarding taking legal action.





share|improve this answer

























  • This is an emergency. There is a good faith reason to believe that the tenant has suffered a time critical injury or has died that needs an immediate response.

    – ohwilleke
    4 hours ago












  • Thank you to both of you. I had found that but I wasn't sure if this was considered an emergency or not.

    – Kyle
    4 hours ago






  • 1





    @ohwilleke I agree with your assessment and the quoted document seems to support your position. If there is a genuine concern with cause for the tenant well being then there is support for entry per your guidance. Where it becomes sticky is if the tenant is behind on rent or there are other problems (behavior, etc.) with the renter.

    – gatorback
    4 hours ago











  • @gatorback Agreed.

    – ohwilleke
    4 hours ago











  • She was behind on rent by a few days since it was due on the 1st, but I went ahead and called the police for a welfare check. She was not in the unit. Very strange that her car is here and she's been gone for so long without saying anything, but at least I know she's not hurt in the unit in need of help.

    – Kyle
    3 hours ago















2














All usual disclaimers apply, IANAL, etc.



Apparently entry in CA should be done during office hours (9-5):



https://homeguides.sfgate.com/california-laws-unlawful-entry-residential-property-landlord-34199.html



That being said, most contracts and state law provide for landlords to provide notice and entry to perform maintenance.



A Landlord's Right of Entry



1. Does my landlord have the right to enter my apartment whenever he or she
wants?
A landlord or manager may enter rented premises while the tenant is living there without
advance notice in the case of emergency, such as a fire or serious water leak. And, of
course, a landlord may enter when a tenant gives permission.
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your
permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for
anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within
which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that
realtors will be showing the property is given, for the next 120 days only an oral telephonic
24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended
repair, daily entry, or excessive range of entry time are probably all "abuses" which you
have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the
place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not
clear, here, and the above is the best interpretation of what the law probably is.
2. What are examples of situations when a landlord may enter, but only after
giving the tenant reasonable notice?
Typically, a landlord has the right to enter rented premises after giving tenants reasonable
notice in order to make needed repairs (or assess the need for them) and to show the
property to prospective new tenants or purchasers. In addition, a landlord may enter rented
premises in instances of abandonment (that is, when the tenant moves out without
notifying the landlord) or by court order. A landlord may not enter just to check up on the
tenant.
3. Assuming it is not an emergency, but the landlord has a valid reason to enter --
for example, to make repairs -- what kind of notice is required?
Landlords are required to provide a specific amount of notice (usually 24 hours) before
entering a rental unit. In California, landlords must provide a reasonable amount of notice,
legally presumed to be 24 hours. Landlords can usually enter on shorter notice if it is
impracticable to provide the required amount of notice.
4. May a landlord enter a rental unit any time of day, as long as he's given the
required amount of notice?No. In most instances -- except emergencies, abandonment and invitation by tenant --
states allow a landlord to enter only at reasonable times, without setting specific hours and
days. California state law requires that landlords may enter only during normal business
hours. This would be Monday through Friday, between the hours of 8 a.m. and 5 p.m.
5. What are the landlord's options if a tenant refuses to allow entry even when a
landlord has given adequate notice and has a valid reason to enter?
A landlord should not force entry except when there is a true emergency, such as a fire or
gas leak. However, if a tenant is repeatedly unreasonable in denying the landlord access,
the landlord can legally enter anyway, during reasonable times, provided he does so in a
peaceful manner. However, in no case should the landlord enter if the tenant is present and
saying "stay out."
If a landlord has a serious conflict over access with an otherwise satisfactory tenant, a
sensible first step is to meet with the tenant to see if the problem can be resolved. Often,
neighborhood mediation programs will, for a low cost, help work out an agreement. If these
attempts at compromise don't work, a landlord can usually evict the tenant for violating the
lease or rental agreement, assuming it contains an appropriate right-of-entry provision.
6. What should a tenant do if a landlord repeatedly violates her privacy rights by
entering the rental unit with no good reason and/or advance notice?
Call the police. A landlord or manager who enter a tenant’s apartment without permission is
trespassing. Also, consult an attorney regarding taking legal action.





share|improve this answer

























  • This is an emergency. There is a good faith reason to believe that the tenant has suffered a time critical injury or has died that needs an immediate response.

    – ohwilleke
    4 hours ago












  • Thank you to both of you. I had found that but I wasn't sure if this was considered an emergency or not.

    – Kyle
    4 hours ago






  • 1





    @ohwilleke I agree with your assessment and the quoted document seems to support your position. If there is a genuine concern with cause for the tenant well being then there is support for entry per your guidance. Where it becomes sticky is if the tenant is behind on rent or there are other problems (behavior, etc.) with the renter.

    – gatorback
    4 hours ago











  • @gatorback Agreed.

    – ohwilleke
    4 hours ago











  • She was behind on rent by a few days since it was due on the 1st, but I went ahead and called the police for a welfare check. She was not in the unit. Very strange that her car is here and she's been gone for so long without saying anything, but at least I know she's not hurt in the unit in need of help.

    – Kyle
    3 hours ago













2












2








2







All usual disclaimers apply, IANAL, etc.



Apparently entry in CA should be done during office hours (9-5):



https://homeguides.sfgate.com/california-laws-unlawful-entry-residential-property-landlord-34199.html



That being said, most contracts and state law provide for landlords to provide notice and entry to perform maintenance.



A Landlord's Right of Entry



1. Does my landlord have the right to enter my apartment whenever he or she
wants?
A landlord or manager may enter rented premises while the tenant is living there without
advance notice in the case of emergency, such as a fire or serious water leak. And, of
course, a landlord may enter when a tenant gives permission.
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your
permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for
anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within
which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that
realtors will be showing the property is given, for the next 120 days only an oral telephonic
24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended
repair, daily entry, or excessive range of entry time are probably all "abuses" which you
have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the
place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not
clear, here, and the above is the best interpretation of what the law probably is.
2. What are examples of situations when a landlord may enter, but only after
giving the tenant reasonable notice?
Typically, a landlord has the right to enter rented premises after giving tenants reasonable
notice in order to make needed repairs (or assess the need for them) and to show the
property to prospective new tenants or purchasers. In addition, a landlord may enter rented
premises in instances of abandonment (that is, when the tenant moves out without
notifying the landlord) or by court order. A landlord may not enter just to check up on the
tenant.
3. Assuming it is not an emergency, but the landlord has a valid reason to enter --
for example, to make repairs -- what kind of notice is required?
Landlords are required to provide a specific amount of notice (usually 24 hours) before
entering a rental unit. In California, landlords must provide a reasonable amount of notice,
legally presumed to be 24 hours. Landlords can usually enter on shorter notice if it is
impracticable to provide the required amount of notice.
4. May a landlord enter a rental unit any time of day, as long as he's given the
required amount of notice?No. In most instances -- except emergencies, abandonment and invitation by tenant --
states allow a landlord to enter only at reasonable times, without setting specific hours and
days. California state law requires that landlords may enter only during normal business
hours. This would be Monday through Friday, between the hours of 8 a.m. and 5 p.m.
5. What are the landlord's options if a tenant refuses to allow entry even when a
landlord has given adequate notice and has a valid reason to enter?
A landlord should not force entry except when there is a true emergency, such as a fire or
gas leak. However, if a tenant is repeatedly unreasonable in denying the landlord access,
the landlord can legally enter anyway, during reasonable times, provided he does so in a
peaceful manner. However, in no case should the landlord enter if the tenant is present and
saying "stay out."
If a landlord has a serious conflict over access with an otherwise satisfactory tenant, a
sensible first step is to meet with the tenant to see if the problem can be resolved. Often,
neighborhood mediation programs will, for a low cost, help work out an agreement. If these
attempts at compromise don't work, a landlord can usually evict the tenant for violating the
lease or rental agreement, assuming it contains an appropriate right-of-entry provision.
6. What should a tenant do if a landlord repeatedly violates her privacy rights by
entering the rental unit with no good reason and/or advance notice?
Call the police. A landlord or manager who enter a tenant’s apartment without permission is
trespassing. Also, consult an attorney regarding taking legal action.





share|improve this answer













All usual disclaimers apply, IANAL, etc.



Apparently entry in CA should be done during office hours (9-5):



https://homeguides.sfgate.com/california-laws-unlawful-entry-residential-property-landlord-34199.html



That being said, most contracts and state law provide for landlords to provide notice and entry to perform maintenance.



A Landlord's Right of Entry



1. Does my landlord have the right to enter my apartment whenever he or she
wants?
A landlord or manager may enter rented premises while the tenant is living there without
advance notice in the case of emergency, such as a fire or serious water leak. And, of
course, a landlord may enter when a tenant gives permission.
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your
permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for
anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within
which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that
realtors will be showing the property is given, for the next 120 days only an oral telephonic
24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended
repair, daily entry, or excessive range of entry time are probably all "abuses" which you
have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the
place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not
clear, here, and the above is the best interpretation of what the law probably is.
2. What are examples of situations when a landlord may enter, but only after
giving the tenant reasonable notice?
Typically, a landlord has the right to enter rented premises after giving tenants reasonable
notice in order to make needed repairs (or assess the need for them) and to show the
property to prospective new tenants or purchasers. In addition, a landlord may enter rented
premises in instances of abandonment (that is, when the tenant moves out without
notifying the landlord) or by court order. A landlord may not enter just to check up on the
tenant.
3. Assuming it is not an emergency, but the landlord has a valid reason to enter --
for example, to make repairs -- what kind of notice is required?
Landlords are required to provide a specific amount of notice (usually 24 hours) before
entering a rental unit. In California, landlords must provide a reasonable amount of notice,
legally presumed to be 24 hours. Landlords can usually enter on shorter notice if it is
impracticable to provide the required amount of notice.
4. May a landlord enter a rental unit any time of day, as long as he's given the
required amount of notice?No. In most instances -- except emergencies, abandonment and invitation by tenant --
states allow a landlord to enter only at reasonable times, without setting specific hours and
days. California state law requires that landlords may enter only during normal business
hours. This would be Monday through Friday, between the hours of 8 a.m. and 5 p.m.
5. What are the landlord's options if a tenant refuses to allow entry even when a
landlord has given adequate notice and has a valid reason to enter?
A landlord should not force entry except when there is a true emergency, such as a fire or
gas leak. However, if a tenant is repeatedly unreasonable in denying the landlord access,
the landlord can legally enter anyway, during reasonable times, provided he does so in a
peaceful manner. However, in no case should the landlord enter if the tenant is present and
saying "stay out."
If a landlord has a serious conflict over access with an otherwise satisfactory tenant, a
sensible first step is to meet with the tenant to see if the problem can be resolved. Often,
neighborhood mediation programs will, for a low cost, help work out an agreement. If these
attempts at compromise don't work, a landlord can usually evict the tenant for violating the
lease or rental agreement, assuming it contains an appropriate right-of-entry provision.
6. What should a tenant do if a landlord repeatedly violates her privacy rights by
entering the rental unit with no good reason and/or advance notice?
Call the police. A landlord or manager who enter a tenant’s apartment without permission is
trespassing. Also, consult an attorney regarding taking legal action.






share|improve this answer












share|improve this answer



share|improve this answer










answered 5 hours ago









gatorbackgatorback

4913 silver badges15 bronze badges




4913 silver badges15 bronze badges















  • This is an emergency. There is a good faith reason to believe that the tenant has suffered a time critical injury or has died that needs an immediate response.

    – ohwilleke
    4 hours ago












  • Thank you to both of you. I had found that but I wasn't sure if this was considered an emergency or not.

    – Kyle
    4 hours ago






  • 1





    @ohwilleke I agree with your assessment and the quoted document seems to support your position. If there is a genuine concern with cause for the tenant well being then there is support for entry per your guidance. Where it becomes sticky is if the tenant is behind on rent or there are other problems (behavior, etc.) with the renter.

    – gatorback
    4 hours ago











  • @gatorback Agreed.

    – ohwilleke
    4 hours ago











  • She was behind on rent by a few days since it was due on the 1st, but I went ahead and called the police for a welfare check. She was not in the unit. Very strange that her car is here and she's been gone for so long without saying anything, but at least I know she's not hurt in the unit in need of help.

    – Kyle
    3 hours ago

















  • This is an emergency. There is a good faith reason to believe that the tenant has suffered a time critical injury or has died that needs an immediate response.

    – ohwilleke
    4 hours ago












  • Thank you to both of you. I had found that but I wasn't sure if this was considered an emergency or not.

    – Kyle
    4 hours ago






  • 1





    @ohwilleke I agree with your assessment and the quoted document seems to support your position. If there is a genuine concern with cause for the tenant well being then there is support for entry per your guidance. Where it becomes sticky is if the tenant is behind on rent or there are other problems (behavior, etc.) with the renter.

    – gatorback
    4 hours ago











  • @gatorback Agreed.

    – ohwilleke
    4 hours ago











  • She was behind on rent by a few days since it was due on the 1st, but I went ahead and called the police for a welfare check. She was not in the unit. Very strange that her car is here and she's been gone for so long without saying anything, but at least I know she's not hurt in the unit in need of help.

    – Kyle
    3 hours ago
















This is an emergency. There is a good faith reason to believe that the tenant has suffered a time critical injury or has died that needs an immediate response.

– ohwilleke
4 hours ago






This is an emergency. There is a good faith reason to believe that the tenant has suffered a time critical injury or has died that needs an immediate response.

– ohwilleke
4 hours ago














Thank you to both of you. I had found that but I wasn't sure if this was considered an emergency or not.

– Kyle
4 hours ago





Thank you to both of you. I had found that but I wasn't sure if this was considered an emergency or not.

– Kyle
4 hours ago




1




1





@ohwilleke I agree with your assessment and the quoted document seems to support your position. If there is a genuine concern with cause for the tenant well being then there is support for entry per your guidance. Where it becomes sticky is if the tenant is behind on rent or there are other problems (behavior, etc.) with the renter.

– gatorback
4 hours ago





@ohwilleke I agree with your assessment and the quoted document seems to support your position. If there is a genuine concern with cause for the tenant well being then there is support for entry per your guidance. Where it becomes sticky is if the tenant is behind on rent or there are other problems (behavior, etc.) with the renter.

– gatorback
4 hours ago













@gatorback Agreed.

– ohwilleke
4 hours ago





@gatorback Agreed.

– ohwilleke
4 hours ago













She was behind on rent by a few days since it was due on the 1st, but I went ahead and called the police for a welfare check. She was not in the unit. Very strange that her car is here and she's been gone for so long without saying anything, but at least I know she's not hurt in the unit in need of help.

– Kyle
3 hours ago





She was behind on rent by a few days since it was due on the 1st, but I went ahead and called the police for a welfare check. She was not in the unit. Very strange that her car is here and she's been gone for so long without saying anything, but at least I know she's not hurt in the unit in need of help.

– Kyle
3 hours ago










Kyle is a new contributor. Be nice, and check out our Code of Conduct.









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