HOW TO GET ACCESS TO A RENTAL UNIT

How to Get Access to a Rental Unit

Recently I met with a Landlord who was very frustrated. Her tenant would make weekly repair requests, but then refuse to cooperate with her in gaining access to the unit. This would result in paying cancelation fees to contractors when the tenant would cancel the entry on short notice and massive amounts of wasted time trying to accommodate the tenant’s ever shifting “work” schedule. Then, when the repairs were not done fast enough, the tenant sent her Landlord a threatening letter, obviously ghostwritten by a legal aid agency, demanding that the work be done. This Landlord wanted to know: how could she perform the repairs when the tenant would not allow her access?

The answer is that the question is wrong. Landlords need not ask for access – they can give lawful notice and then enter. The law on a Landlord’s right to enter is very clear and is stated in California Civil Code 1954. First, in case of an emergency a Landlord does not need notice before entering. This is uncommon, and hopefully most Landlords will never need to make such an emergency entry.

Another way a Landlord can gain access is if the tenant is present and allows access. I interpret this as meaning that the actual named tenant must be at the property and allow access. However, this provision would not allow access where a tenant gives approval to enter via text message or email. Even if the tenant is present and cooperative, I recommend against this method to gain access because it can be used against the Landlord later. I have seen a case where for years entry was by permission, and all was productive and pleasant. Then, when the relationship soured, the tenant claimed that for years the Landlord had “bullied” their way into the unit; they even claimed that the Landlord would actually physically force their way past the tenant. Thankfully, in that particular case we had a good record of pleasant correspondence, but it still created a claim for the tenant that could have been avoided.

The final way to get access to a rental unit is by a written notice to enter. The notice must state the reason for the entry and specify the date and time window for access. Permissible reasons for entry include:
To make necessary or agreed-upon repairs, decorations, alterations, or improvements;
  • To supply necessary or agreed services;
  • To exhibit the rental unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors; or
  • To comply with a court order.
Regardless of the reason for entry, the notice must be served at least 24 hours in advance if provided to the tenant by any of the following methods:
  • By personal delivery to the tenant;
  • By leaving a copy of the notice with someone of suitable age and discretion at the premises; or
  • By leaving a copy on, near, or under the usual entry door of the unit in a manner in which a reasonable person would discover the notice.
The notice may also be served by mail; however, in that instance service must be made six (6) days in advance of the entry.

I recommend having a process server deliver the notice, so that if there is a later claim of lack of service we have a licensed, disinterested third party who can attest to service. The actual entry should be noticed for Monday – Friday during usual business hours, unless the entry is for something that can only occur on the weekend, such as an open house. If noticed properly and a tenant then refuses access, such refusal can constitute the first step for a just cause eviction.

This article is only an introduction to the topic, and the laws regarding gaining access to rental units are complex and nuanced. That is why it is critical to have experienced counsel on your side to avoid mistakes and to efficiently resolve problems. At McLaughlin Sanchez we only represent residential Landlords and are experts at resolving problems, including non-payment of rent. Please call us for a no-cost no-obligation telephone consultation to see if we can be of help with your problem. 
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