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Entry notice for every day, even weekend - legal?

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ybfaluhelp

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

For the past two weeks, the property management company has been sending me notices (by email) for entry almost on a daily basis. This effectively allowed them to enter my apartment for unit showing almost every day of the week. And just now, I even received a notice for unit showing on Saturday. I am finding this too much. Questions:

1) They have been sending notices by email - is this considered appropriate? Is a notice for entry legally effective if sent by email?

2) They did send all the notices at least 24 hours before the intended entry. However, the entry dates cover almost every day of the week, even though each notice is for a different date. For instance, I received 2 notices yesterday, one for this Wednesday, one for this Thursday. Today, I received another 2 notices, one for this Friday, and one for this Saturday. Is this considered abuse of rights because entry is too frequent and that my quiet enjoyment is affected?

3) One of the notices I received today is for unit showing on Saturday. I remember reading the CA civil code which states that the entry should only take place during normal business hours. Is there a universal definition of what constitutes normal business hours? I think for this particular property management company, Saturday is their business day. But would their business hours be "overridden" by any universal definition of business hours, if they do exist, in the application of the relevant law here?

Thank you so much.
 


ybfaluhelp

Junior Member
No. Not quite. In that post, I was asking about a situation where the landlord served a SINGLE notice that is intended to cover consecutively 15 days.

In this post, I am asking about a situation where the landlord did send individual notices for each individual entry, but the entry is nonetheless too frequent. And then there is also the issue of whether Saturday should be excluded from the definition of business hours.



Isn't this the same problem you asked about (and were answered on) almost a year ago?

https://forum.freeadvice.com/landlord-tenant-issues-42/advance-notice-multiple-consecutive-days-506765.html
 

Searchertwin

Senior Member
No. Not quite. In that post, I was asking about a situation where the landlord served a SINGLE notice that is intended to cover consecutively 15 days.

In this post, I am asking about a situation where the landlord did send individual notices for each individual entry, but the entry is nonetheless too frequent. And then there is also the issue of whether Saturday should be excluded from the definition of business hours.
LL has given you sufficient notice for entry to show the place. If they were within two hours, two minutes, than you have the right to complain. But they are giving 24 hours notice.

Yes, I would say that this is their normal business hours. I would send a polite letter indicating that you would prefer not to be disturb on Saturday if at all possible. They can only say "no".
 

ybfaluhelp

Junior Member
California Civil Code 1954 (c) clearly states:

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

Of course, this does not specifically define what constitutes abuse of the right of access. I feel that 5 days a week could be abuse. But some people seem so sure that it is not.
 

Searchertwin

Senior Member
California Civil Code 1954 (c) clearly states:

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

Of course, this does not specifically define what constitutes abuse of the right of access. I feel that 5 days a week could be abuse. But some people seem so sure that it is not.
They are showing the place for future tenants. They have every right to do this and they are giving proper notice. Now, if they weren't showing it for rental and just doing it, than that would be another story. Five days a week is not abuse. I have shown a place 7 days straight to get it rented so I don't lose money for the month. That's the name of the game. This is a business.
What would you do? Show it now and than and lose a month rent because tenant doesn't want to be bother? No, you wouldn't.
As I stated, just send a letter and politely ask not to be bother on a Saturday. All they can say is "no".
 

justalayman

Senior Member
California Civil Code 1954 (c) clearly states:

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

Of course, this does not specifically define what constitutes abuse of the right of access. I feel that 5 days a week could be abuse. But some people seem so sure that it is not.
abuse generally is construed as entering for no real purpose., even if giving notice. In this situation, the do have a purpose to the actions.

as to normal business hours, this is from: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

the landlord or the landlord’s agent must
give the tenant reasonable advance notice in
writing before entering the unit, and can enter
only during normal business hours (generally,
8 a.m. to 5 p.m. on weekdays).
the notice
must state the date, approximate time and
purpose of entry.
 

justalayman

Senior Member
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.
(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.
So, you show me some authoritative source that includes weekends within "business hours". Until then, I guess we'll have to accept the courts decisions in so many cases where a weekend is not considered to be a business day.
 

antrc170

Member
In addition to what justalayman posted, the law does not consider email as a viable means of communication. It limits it depending on the siutation and electronic mail is not specified.
 

rowz

Member
I have an opinion that would allow weekend showings.

Since when is real estate practise solely conducted 9-5 weekdays?

Standard real estate parctise is that open houses [for the public] are conducted [usually] Sundays. Saturdays are also days when all decision makers are widely available to see properties.

With-holding of access to the subject property [of course with proper noticeand certainly not at all hours of these days] would be un reasonable.

I swa the "generally" in the quote andthat would seem to make allowances for weekend showings.
 

justalayman

Senior Member
rowz;2770051]I have an opinion that would allow weekend showings.

Since when is real estate practise solely conducted 9-5 weekdays?
"real estate" practices have nothing to do with this. It's what the law considers to be normal business hours and so far, the courts have pretty much accepted they are mon-fri somewhere around 8 or 9 until 5 or 6. Dang, as a former RE agent, my normal business hours were pretty much 24/7. I have had sales negotiations at 1 am and I have worked everyday of the week and many holidays. That doesn't mean that is what the law considers to be normal business hours.



With-holding of access to the subject property [of course with proper noticeand certainly not at all hours of these days] would be un reasonable.
No, expecting to disrupt a tenant 6 or 7 days a week would be unreasonable, especially in California. The more I learn about the law, the more I find California to be the most consumer friendly state out there. I suspect not only would the OP find support in the courts for 6 day a week being excessive, he might be able to limited to even fewer days during the week. If there are that many showings, it is abusive. There is no reason to show an apartment that much and not have it rented out. The agent or LL is simply not doing their job properly if there are that many showings.

I swa the "generally" in the quote andthat would seem to make allowances for weekend showings
the actual statute does not include "generally". If you want to argue that "generally" includes weekends, I challenge you to the same as I have searchertwin; prove it.
 

Searchertwin

Senior Member
Where does it say, RESTRICTED TO ONLY WEEKDAYS"?
A majority of business work weekends, hence, NORMAL WORKING HOURS, so those hours would be consider. And you know it. Again, you have to prove you are right.
As with other threads where you cannot accept to be wrong and not just by me, you manage to find a way to close the thread on you having the last word. Example: The one with the air conditioner. You can't argue with everyone. I know this won't stop you, but have a really nice day.
 

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