When Can a Landlord Legally Enter a Rental Unit in California?
As a tenant in California, you have the right to privacy and quiet enjoyment of your home—even when you rent. California Civil Code § 1954 strictly limits the situations in which a landlord may enter your unit, and failure to comply can constitute unlawful entry or even harassment.
Below is a tenant-focused breakdown of when entry is legal, what kind of notice is required, and what counts as an emergency.
What Is California Civil Code § 1954?
Civil Code § 1954 outlines the only situations where a landlord or their agent may lawfully enter a residential rental unit. These include:
Emergencies
Necessary or agreed-upon repairs or services
When the unit has been abandoned
Pursuant to a court order
Additional rules apply for certain inspections like smoke alarms or waterbeds, but in general, random inspections or surprise visits are not allowed.
1. Emergency Entry (No Notice Required)
Landlords can enter a unit without notice only in a true emergency—such as:
Fire
Flood
Gas leak
Dangerous electrical hazard (e.g., sparking outlets, fire risk)
Not an emergency: Routine maintenance, non-urgent repairs, or upgrades like rewiring an ungrounded electrical system (unless there’s an immediate threat to health or safety).
2. Entry for Repairs, Services, or Showings (24-Hour Notice)
A landlord may enter:
To make necessary or agreed-upon repairs
To provide services requested by the tenant
To show the unit to potential buyers, tenants, contractors, or lenders
Notice Requirements:
Written notice must be given at least 24 hours in advance
Must state the date, time frame, and purpose of entry
Must be personally delivered, posted, or left in a place the tenant would see (like under the door)
Entry must occur during normal business hours (usually 8 AM–5 PM, Monday–Friday, but can be on the weekends too)
Verbal notice is allowed only when the property is for sale and tenants were informed in writing within the last 120 days that showings may occur.
3. Entry After Abandonment or Surrender (No Notice Required)
If the tenant has clearly abandoned the unit (e.g., moved out without notice), the landlord may enter without permission.
This is a legally sensitive area. Landlords must have clear evidence of abandonment—like no furniture, unpaid rent, and no communication—before entering.
To reduce liability, landlords may follow the statutory abandonment procedure, which includes:
Waiting until rent is unpaid for 14 days
Sending an 18-day notice of belief of abandonment
4. Entry by Court Order
If a tenant refuses lawful entry, the landlord may not force their way in. Instead, they must:
Serve a 3-day notice to perform or quit
File an unlawful detainer lawsuit if entry is still denied
Request a court order permitting entry
Self-help entry is never allowed, even if the tenant is violating the lease.
What About General Inspections?
Routine or "general" inspections not tied to specific repairs or agreements are not permitted under current California law.
Even if a lease includes broad language about inspections, Civil Code § 1954 overrides the lease—tenants cannot waive their right to privacy.
Time of Entry
Unless there's an emergency, entry must occur during standard business hours. Some courts may allow flexibility for weekend showings if that's the industry norm, but weekdays are safer legally.
Consequences for Illegal Entry
Tenants can take legal action if a landlord:
Enters without notice or legal reason
Harasses the tenant with repeated entries
Uses entry to pressure the tenant to move out
Potential claims include:
Invasion of privacy
Harassment
Trespass
Constructive eviction (if the intrusion is severe)
Final Thoughts
California law balances a landlord’s right to maintain their property with a tenant’s right to privacy and dignity. If you're a tenant and feel your landlord is entering your unit improperly—or too often—it may be time to speak with a tenant rights attorney.
Need help asserting your rights? At Wobbe Tenant Law, we help California renters understand and enforce their legal protections. Contact us for a free consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws may have changed since publication, and legal outcomes can vary based on individual facts. For legal guidance tailored to your situation, consult with a qualified tenant attorney.