The general rule in California is that a resident has the right of quiet and exclusive possession of the leasehold premises. Owners of rental properties or their managers need to be aware of the fact that California doesn't permit them to enter a property on a whim whenever they wish. At Hignell Property Management, we understand the laws in connection with a property owner accessing investment property, and we can help you with them too.
Section 1954 of the California Civil Code tells property owners when they might have the right to enter a property that has been rented. Pursuant to this section, a property owner may only enter a resident's dwelling unit under the following circumstances:
A property owner, or property manager is prohibited from abusing their right of access for purposes of harassing their resident. Threatening, intimidating or otherwise interfering with the civil liberties of the resident might constitute harassment.
The simple answer to this question is no, the resident cannot refuse entry of the property owner or manager after statutory notice has been given. Only if a true emergency exists should a property owner force entry though. If repeated valid notices have been given, and the resident persists in refusing entry, the owner can enter without the use of force during reasonable hours. If the resident is present, and the owner is told to stay away, the owner must do so. Ultimately, the owner might be required to evict the resident so long as suitable right of entry language exists in the lease.
Property owners need only give reasonable notice of their intent to enter a premises. Courts would generally find a 24-hour written notice reasonable. As per section 1954(d), any notice should give the resident the date and time and purpose for entering the unit.
The general rule is that email notice of the property owner's intent to enter a premises is not permitted. Section 1954(d) does allow the following forms of notice though:
When you own investment property, unexpected events might occur. Penalties of up to $2,000 can be imposed for wrongful entry. With more than 60 years of property management experience, Hignell Property Management can help you to avoid entry and other possible legal issues with your rental property. If you don't have the time or the knowledge to stay on top of your investment property, contact us about our property management services. We'll protect your investment property as if it's our own.
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