California law requires landlords to request permission before entering their tenants' apartments.
Landlords in every state have a duty to respect their tenants' rights to privacy or right to peaceful enjoyment. In California, the covenant of quiet enjoyment requires landlords to provide their tenants with notice before entering their homes. Landlords have a right to enter their tenants' homes only to make necessary repairs or agreed-upon repairs, to show their homes to prospective tenants, to conduct an initial walk-through inspection, during emergencies and after their tenants abandon their property.
California Civil Code
The California Civil Code requires landlords to provide at least 24 hours of notice, in writing, before they can enter a tenant's home. However, landlords do not have to provide advance written notice for emergencies repairs or for emergency situations that may endanger their tenants' safety or their property. After providing at least 24 hours of advance written notice, landlords may only enter during business hours, generally between 8 a.m. and 5 p.m., Monday through Friday.
Landlords' Rights
Additionally, landlords may enter pursuant to a court order or to ensure compliance with local code regulations if their tenants have waterbeds. They do not have to provide advance notice if they are entering for an emergency reason, the tenant has moved or abandoned her home, the tenant is available in her home when her landlord requests entry or if they have already agreed upon the entry.
Timing
Landlords must provide written notice of the approximate time they will enter and their purpose for entering. California law allows landlords to enter after providing oral notice to show their units to prospective purchasers. The landlord's oral notice must indicate the time of entry and purpose, and they may only enter during business hours unless their tenants allow them entry during non-business hours. After entering, the landlord must provide a written notice that he entered the apartment or he may leave a business card. However, the landlord's right to provide 24 hours of oral notice is limited to landlords who provided at least 120 days of written notice to tenants that their homes were on the market.
Tenants' Rights
California law allows tenants to file suit against their landlords who violate their rights to privacy. As of April 2011, courts can award tenants monetary penalties of up to $2,000 for each penalty or each instance their landlords failed to provide them with written notice before entering. Courts can also allow tenants to terminate their leases prematurely. California Penal Code Section 602 makes it illegal for a landlord to enter a tenant's home without notice, and if she removes her tenant's property or damages her property, she can face criminal trespass charges punishable by a fine of up to $50,000 and a one-year prison term.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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