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Advance Notice for Multiple Consecutive Days

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ybfaluhelp

Junior Member
What is the name of your state (only U.S. law)?
California

Landlord gave me a notice to enable him entry into my apartment from Mar. 1 to Mar. 15. This is to show my apartment to prospective tenants.

Question: Could he give notice like that? Would he actually need to give one notice for each individual days?

Thanks
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)?
California

Landlord gave me a notice to enable him entry into my apartment from Mar. 1 to Mar. 15. This is to show my apartment to prospective tenants.

Question: Could he give notice like that? Would he actually need to give one notice for each individual days?

Thanks
Under Civil Code 1954, 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 times are probably all "abuses" which you have the legal right to prevent.

Under this interpretation, your LL is violating the spirit of the law allowing his right of entry by providing such a wide range of entry times that it defeats the purpose of giving notice. He figures that by telling you two weeks in advance that he can just drop in anytime he has a prospective tenant that he wants to show the apartment to. And that is NOT ok. You have a life, too. And you are entitled to live it and not be held hostage by the mere possibility that the LL may enter, unannounced, at any time, to show the unit, just because he has a problem with impatience and scheduling the showings at a time that is more cooperative with his tenant.

Provide your LL a written response (hand deliver it to him, and also send both regular mail with proof of mailing AND certified return receipt requested) stating that if he intends to enter to show the apartment, that he will need to schedule and provide the required written notice of such visits no less than 24 hours in advance of the scheduled visit. State very clearly that he is not allowed to abuse the right of entry, and to provide such a wide range of entry dates constitutes such an abuse.
 

ybfaluhelp

Junior Member
Hi,

I wanted to provide an update on this post.

I wrote to the landlord twice about it. Their recent reply was: '...trust me when I tell you the notice covering the 15-days is very legal. Feel free to discuss it with school legal department. 'How can they say that?

In the meantime, they keep serving this kind of notice and they have entered my apartment a few times under this kind of notice. Worse still, there are a few times when they tried to enter my apartment without even having served this type of wide-date-range notice. They claimed to have done so though. Each time this happened, I would email them to express my concerns.

I feel disturbed and taken advantage of. Can I taken them to small claims court over this, even though I am not "out" anything monetary?

Thanks
 

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