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Can landlord give notice to enter for an extended 2 week period?

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Trojan2016

Junior Member
Hello.
I live in the state of CA. I recently signed a 1 year lease on an apartment in Los Angeles. I am 4 months into my lease and I found a notice to enter my apartment from Jan 16 THROUGH Jan 31 during regular business hours. Is this legal? Can they give extended notice for a period of 2 weeks like that? I thought a 24 hour notice is required for each time they enter? This is terribly inconvenient for me as I don't want my private home to be a public open house while I'm not home.
 

Trojan2016

Junior Member
Just to clarify, the notice to enter is for showing my apartment to prospective tenets. My lease does not end until late June 2017
 

adjusterjack

Senior Member
The California landlord - tenant statute appears to be a little vague but for the purpose of showing the unit I think a two week period that far in advance of expiration of your lease could certainly constitute abuse.

You certainly have the option of writing back and denying access. Just be prepared for a fight if management starts huffing and puffing at you. You might have to go to court and seek an injunction.

CA Civil Code Section 1954.
(a) A landlord may enter the dwelling unit only in the following cases:

(1) In case of emergency.

(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.

(3) When the tenant has abandoned or surrendered the premises.

(4) Pursuant to court order.

(5) For the purposes set forth in Chapter 2.5 (commencing with Section 1954.201).

(b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.

(c) The landlord may not abuse the right of access or use it to harass the tenant.

(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

(3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.

(e) No notice of entry is required under this section:

(1) To respond to an emergency.

(2) If the tenant is present and consents to the entry at the time of entry.

(3) After the tenant has abandoned or surrendered the unit.
 

FarmerJ

Senior Member
Your LL is nuts to think anyone is going to want to see a apartment that many months ahead of a possible vacancy , If it was me I would add a nanny cam to the entry of my unit then at least try to get opinions from LA tenant advocacy groups who may already have knowledge of court opinions or use the links above to find and get the opinion of a Attorney who practices real estate law in your area. If you were planning on moving out at the end of your lease then you might as well go for broke and print that statute out and send to them a certified letter ( real paper letter, not a email) and in the letter include that copy of the statute and tell them it appears that they have to give a notice for each and every time they are going to enter to show it and lastly that your going to speak to a Real estate Attorney about your legal options if they begin showing the unit this far in advance. Keep a copy of the letter stapled to your certified mail receipt for your paper trail records and if you catch them entering via a nanny cam when they did not give you reasonable notice or any notice at all and it was not a emergency nor was it due to your request of a repair to be made then I would suggest you make a copy of it to store off site while you decide how to approach them .
 

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