Tenant Right to Privacy -
Landlord Right to Enter
Every tenant has a right to privacy, and the right to live in the rental property in “quiet enjoyment”. The right extends to all of the rental premises, including balconies, yards and garages if these areas are included in the rental agreement.
Landlords are required to observe these tenant rights, but also may have legitimate reasons that require them to enter the tenant’s rental property. California tries to balance these two interests by establishing specific rules defining the limits on the landlord’s right to renter. These rules cannot be waived by contrary terms in a lease or rental agreement.
A landlord may enter the rental property only for certain specific reasons:
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In the case of an emergency such as a fire or broken water pipe
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To make necessary or agreed repairs or alterations or supply necessary or agreed services
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To exhibit the premises to prospective tenants or purchasers or contractors
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To make a“pre-departure” inspection when the current tenant is moving or to inspect smoke detectors, or a annual inspection in government funded housing
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When it is evident that the tenant has abandoned the premises
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Pursuant to a court order
A landlord must give 24 hours written notice to the tenant of his intent to enter, and may only enter during normal business hours (generally, Monday-Friday, 8am to 5pm). Notices must include date, approximate time, and purpose of entry.
These limitations do not apply if:
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The tenant is present at the time of entry and agrees to waive the requirements, or
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The tenant and landlord agree orally to an entry to make repairs or supply services and the entry occurs within 1 week of the agreement, or
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The landlord is responding to an emergency, or
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The tenant has abandoned the premises, or
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The tenant has been advised in writing within the last 120 days that the property is for sale. Then, the landlord or agent need only give 24 hours oral notice of the date and actual time of entry to show the property. Written evidence of the entry must be left inside the unit.
If a landlord has followed the applicable rules for entry, the tenant does not have a right to refuse entry, or to dictate the time of entry.
Also, a landlord has a right to require that the tenant provide keys to the unit, in order to safeguard the right to enter.
However, the landlord may not abuse the right to enter or use it to harass the tenant.
We Can Help!
​Project Sentinel is a non-profit housing agency that provides education, counseling, and tenant-landlord dispute resolution to community members, housing providers.
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If you are a tenant, we may be able to:
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explain your housing rights and responsibilities under housing laws
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educate the owner or manager about their legal obligations
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negotiate with the property owner or manager on your behalf
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provide referrals for further assistance
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If you are a housing provider, we may be able to:​
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explain your obligations under housing laws
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conduct a rights and responsibilities training for you and/or your staff
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provide you with additional educational resources​