Learn More About Landlord Tenant Laws In California Here!
One of the most contentious topics when it comes to Landlord Tenant Law in California is when a landlord accesses their rental properties.
Sadly, many landlords feel that they have the right to access their rental properties whenever they want but the reality is that every landlord is required to follow the law when it comes to accessing their rental property and they must give their tenant a 24 hour notice before entering the property.
Landlords Right to Enter
In California a landlord has the right to enter a rental property to make alterations, improvements or supply necessary services to the rental property, including making repairs, that they agreed with the tenant would be made, via provisions in the lease.
If both parties agree that the home can be listed for rent/for sale, then showings can be conducted with property 24 hr written notice (usually during business hours).
If a landlord plans on selling their rental property they must provide their tenant with an oral or written notice at least 120 days in advance, then another notice within 24 hours of them showing up to inspect the rental property.
Landlords in California also have the right to enter their rental properties if they have a court order or if their tenant has surrendered / abandoned the rental property.
Landlords Must Not Harass Their Tenants
Another important reason for the 24 hour notice is that it gives tenants plenty of time to prepare for the landlords arrival and eliminates the prospect of the landlord showing up to harass their tenants.
Even though the Landlord Tenant Law in California is clear on this issue some landlords may choose to disregard the 24 hour written notice and enter their rental properties at will. In these cases the tenant may submit a written notice to the landlord requesting that these illegal entries are stopped immediately and that future visits be made Monday through Friday from 9:00 am to 5:00 pm PST or normal business hours when they submit a written notice.
Tenants who have landlords entering their rental property illegally may take the landlord to small claims court and file a Breach of the Warranty of Quiet Possession (California Civil Code 1927) since this is implied with their lease.
Learn More about Landlord Tenant Law California
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