Tenant Refusing to Let Us Enter

[Kathy Benavidez]

Informed Tenants two days ago that we are planning to sell the home (their lease ends at the end of June. We are hoping to sell the house as soon as they are gone). This afternoon, we let Tenants know that we have a prospective buyer and a Realtor who will view the home in two days at 1:45pm.

Tenant sent us a text citing California Civil Code Section 1954 stating they have a right to not let us enter. He also sent us a text stating that they will vacate the property at the end of their lease and to not schedule any viewings.

We replied that the Civil Code allows us to enter (citing that we are entering during business hours, giving almost 48 hour notice and the reason as to why they are entering). We’ve also asked them to keep the screen door unlocked so that we can use the key to enter if they are not home.

Tenant is active duty military living with his girlfriend. Not sure if they are exempt from any laws regarding our entry. As well, we are concerned they may refuse to open the door, or refuse our entry. 

They have been consistently late on payments (we’ve emailed them twice about it), they broke the lease regarding having extra dogs/cats and started a boarding business in our home which we informed them was not allowed as soon as we found out, as well as lacking in communication with them regarding things we needed to fix around the home.

This is in California.

We’ve just wanted to see what our next steps could/should be. Everything has been through email or text. Communication via phone is limited as we wanted a paper trail with them. Our handyman saw the home a couple weeks ago and said they’ve not taken care of the yard (stated in the lease, it is their responsibility), but the home itself looked okay. Spoke with an attorney and they said we have a legal right to enter.

Per the lease, we stated we would first have “friendly negotiations” and then mediation and then arbitration.

[Jeff S.]

Under no circumstance should you try to enter unannounced or without his understanding.  He is trained and has access to weapons.  You have no idea how this could set him off.

Do you know how to get hold of his commanding officer?  The military doesn’t like this sort of behavior.  Let him know you will be taking this action.  It could result in a change of heart.

Make it clear you are not trying to evict them but trying to sell the home as soon as possible after they leave.  That he’s a lousy tenant is irrelevant at this point.  Ask him if he wants a good recommendation from you.

On the other hand, with six weeks to go, how much do you want to elevate this?  Do you really want to bring prospective buyers into a messy home?