Notice Requirements: What You Should Know about Your Landlord Entering Your Apartment

When Your Landlord Can Enter Your Apartment

In general, your landlord can enter your apartment due to a legally valid reason or you must give them your consent to enter. The landlord can legally enter without your permission only under the following:

• There is an emergency or
• To make repairs or to inspect or show the unit after giving you reasonable notice in advance

Emergency Examples

The term “emergency” is fairly straightforward, but it must be an urgent situation and nothing that can be handled at a later date. This can include a fire, flood, gas leak, or a natural disaster that could pose an immediate danger.

Notice Requirements

If your landlord is going to make repairs, conduct an inspection, or show your apartment, then they must properly notify you of this before they can enter. Under California law, 24 hours is considered reasonable notice. Typically, the notice is in writing with a date and time frame for which the landlord will be in the unit. It should be for normal business hours which are Monday through Friday, 8 a.m. to 6 p.m.

Consent

Your landlord can ask you if they can come into your apartment at a different time for one of the specified reasons. Here, they don’t have to give you written notice if you agree to them coming. However, you don’t have to agree with it.

When your Landlord Isn’t Allowed to Enter

Your landlord can’t legally enter your apartment without your consent or without an emergency. This means that they are forbidden from the following:

• Coming in whenever they want
• Knock on your door with demands to get in
• Demand to be let in without first giving written notice, only email or oral notice or giving written notice with less than 24 hours

Harassment

If your landlord enters your unit without your consent or a valid reason, it could be considered harassment, especially if it’s a continuous practice. Harassment can take many different forms, but the basic idea is that the landlord is engaging in negative behavior towards you. If they are going into your unit without permission, it may be their way of intimidating and threatening you or trying to force you out.

Options if Your Landlord Enters Unlawfully

While it can be difficult to handle things if your landlord breaks the law and enters your apartment illegally, there are options for you. First, you can document when the illegal entrance took place and you can notify your acknowledgment of the incident in writing to your landlord. You can mention in your correspondence that their actions are illegal and that you’re entitled to file a claim against them. If they continue to enter illegally, then you can turn to an experienced Wolford Wayne tenants’ rights attorney for assistance. Contact us today for help in asserting your rights.