When Can a Landlord Enter?
California landlord entry rules begin with Civil Code § 1954, which limits entry to a handful of specific purposes. A lease clause that tries to expand these reasons is unenforceable. The table below breaks down each lawful purpose, an everyday example, and the minimum notice required.
Permitted Purpose | Example | Required Notice |
---|---|---|
Repairs & Improvements | Fixing a leaky sink faucet | 24-hour written notice |
Health & Safety Inspections | Smoke detector testing | 24-hour written notice |
Showing Unit to Buyers or Renters | Open-house Saturday 10 a.m.–1 p.m. | 24-hour written notice |
Move-Out Walk-Through | Pre-inspection two days before you vacate | 48-hour written notice |
Emergencies | Burst pipe flooding kitchen | None—immediate entry |
Notice Requirements: 24-Hour, 48-Hour, & Oral
A landlord entry notice California must be in writing, state the exact date, a reasonable time window (usually four hours), and the specific purpose for entry. Acceptable delivery methods include personal hand-delivery, sliding under the door, email (if that is your customary communication), or postal mail posted in a conspicuous spot. Notices hand-delivered after 5 p.m. are treated as delivered the next day.
Checklist—Verify before opening the door:
• Date & time window • Stated purpose • Landlord/agent signature • 24 hours
have actually passed
True Emergencies & Imminent Damage
Emergencies override the 24-hour rule. Think active flooding, an electrical fire, the smell of gas, or a frantic welfare check when a resident cries for help. A landlord who abuses the “emergency” label for minor issues risks harassment penalties under Civil Code § 1940.2.
• Burst Pipe: Immediate entry is lawful to shut off water.
• Gas Odor: Entry with utility crew is allowed to prevent explosion.
• Noisy Refrigerator: Not an emergency—24-hour notice still required.
Move-Out Walk-Through Rules
California security deposit laws let tenants request a pre-move-out inspection so they can fix issues before deductions. Landlords must give a 48-hour notice window and allow you or your representative to attend. The final inspection after keys are returned also requires notice unless you waive it in writing.
- Tenant may have friends, a translator, or videographer present.
- Landlord must leave a checklist of proposed deductions on site.
- See our Move-In & Move-Out Checklist for printable forms.
Roommates & Subtenants
If only one roommate signs the lease, the landlord still needs reasonable notice before entering shared spaces. A co-tenant can grant consent for entry; however, a subtenant occupying an exclusive bedroom enjoys independent privacy rights. Landlords may not target the “easier” occupant to bypass a roommate who works nights or is unavailable.
Unauthorized subletting complicates matters. While a landlord may serve a Three-Day Cure notice for violating a “no sublet” clause, regular entry rules continue to apply until the violation is resolved. For more on intra- household conflicts, visit our Roommate Rights Guide.
If You Want to Say No
Tenants may refuse entry when the notice is defective, vague, or delivered at an unreasonable time. The best practice is to respond in writing within a few hours, propose an alternate window, and document the interaction. Repeated unannounced entries can constitute harassment, triggering damages and civil penalties under Civil Code § 1940.2.
Landlords who retaliate—through rent hikes, eviction threats, or shutting off utilities—risk additional penalties under Civil Code § 1942.5.
Taking the Landlord to Small Claims
California small-claims courts hear privacy cases up to $12,500. Compile photos, timestamped texts, and witness statements. File a Notice of Claim and Order to Go to Small Claims Court (SC-100) with the clerk. Filing fees range from $30 to $75 and, if you win, the landlord may be ordered to pay up to two months’ rent in statutory damages plus costs. For a full dispute roadmap visit our Dispute Resolution Hub.
Entry-Notice Generator
Fill the form and click “Generate Notice” to create a compliant written notice your landlord can serve—or that you can serve when acting as master tenant.
Tool provided for convenience; always verify legal compliance.
Handling Illegal Entry: Step-By-Step
1. Stay Calm & Document
Take photos or video immediately. Record date, time, and any witnesses. Calm documentation is a stronger tool than heated confrontation.
2. Gather Witnesses
Confirm what others saw or heard. Ask neighbors for corroboration. Multiple statements increase credibility if the dispute reaches court.
3. Send Written Objection
Email or certified-mail a concise letter citing Civil Code § 1954. Provide two alternate entry windows to show good faith.
4. Locks & Security
Change locks only with landlord approval or emergency police report. Unapproved lock changes can violate the lease and local codes.
5. File Administrative Complaint
Contact your city rent board or code-enforcement office within days. Many agencies fast-track privacy complaints with on-site inspections.
6. Sue for Damages
If illegal entry continues, small claims up to $12,500 can award statutory damages. Bring your photos, complaint receipts, and witness statements.
Frequently Asked Questions
Explore Related Resources
Legal References
Statute / Resource | What It Covers |
---|---|
Civil Code § 1954 | Landlord entry notice & permitted purposes |
Civil Code § 1940.2 | Harassment, lockouts, utility shut-offs |
L.A. RSO Handbook § 12 | Entry rules in rent-stabilized units (external) |
SF Rent Board FAQ Para M | San Francisco entry & privacy guidelines (external) |
DCA “California Tenants” Booklet | Statewide overview of tenant rights (external) |
Tenant Support Organizations
Tenants Together Statewide Hotline
California’s largest tenant coalition offers phone counseling on illegal entry, privacy harassment, and small-claims filings. Volunteers provide template letters and referrals to pro-bono attorneys. (888) 495-8020 — tenantstogether.org
Housing Rights Center – Los Angeles
HRC counsels renters on Civil Code § 1954 violations, mediates landlord disagreements, and assists with small-claims preparation. Hotline: (800) 477-5977 — housingrightscenter.org
Legal Aid at Work
LA Work’s housing unit handles privacy retaliation cases for low-income tenants, seeking injunctions and damages when landlords ignore notice laws. legalaidatwork.org
Bay Area Legal Aid
Serving seven counties, BayLegal offers multilingual hotlines and legal representation in privacy harassment suits, ensuring tenants maintain safe, peaceful homes. baylegal.org