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Updated about 5 years ago on . Most recent reply

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Chandra Dobbs
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Landlord tenant evictions and rights to enter property

Chandra Dobbs
Posted

My question is can a landlord enter your property even with a 24 hour hour notice if you deny entry and bring a lock smith and break your lock and have lock smith open your garage and take pictures and threaten you to break the door down or come threw your windows.they wanted in to take pictures for the eviction for court.the floor is messed up pretty bad I've told them over and over about it and they came out to look at it but never fixed it and all of a sudden they want to no what need to be done so the can rerent the property.i lost the eviction because I filled out my argument wrong on the judgement.and I recently found out you can hold rent to to in habitable conditions.i don't no what exactly to do

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

I'm glad to hear rules are important to you. Like paying rent, obeying court orders, and allowing the Landlord to enter and inspect after proper notice has given.

California law requires the Landlord to give notice. It does not require your permission and you are not required to be there. I hope you're able to get your life together.

Civil Code 1954

Under Civil Code 1954 [see below], the landlord may enter your unit without your

permission ONLY:

(1) in an emergency, like a fire or broken pipe, or

(2) upon reasonable advance notice, and then ONLY:

(A) to inspect, repair, or show the apartment,

(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]

(C) 24 hours is presumed to be sufficient notice

(D) You do not have to be home when they come, but the landlord is liable for

anything stolen or broken.

(D) The notice must identify a date and reasonable time range [like an hour] within

which the entry will occur

(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that

realtors will be showing the property is given, for the next 120 days only an oral telephonic

24 hour notice is required [business hour limit still applies]

(G) The right of entry can't be "abused", so that an open house, lock box, extended

repair, daily entry, or excessive range of entry time are probably all "abuses" which you

have the legal right to prevent.

The nature of the reasonableness of the notice seems to be to give you time to pick up the

place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not

clear, here, and the above is the best interpretation of what the law probably is.

  • Nathan Gesner
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