
When a California Landlord Can Enter a Rental (Civil Code § 1954)
Under Civil Code § 1954, a California landlord may enter a tenant's home only for the reasons the statute lists (such as repairs, showings, emergencies and the pre-move-out inspection), and usually only after reasonable written notice stating the date, approximate time and purpose of the entry. Notice given 24 hours ahead is presumed reasonable, and a notice mailed at least six days before the entry is presumed reasonable. Entry must be during normal business hours unless the tenant agrees otherwise at the time.
At a glance
| Item | Rule |
|---|---|
| Law | Civil Code § 1954, last amended 2018 (SB 721) |
| Allowed reasons | Emergency; necessary or agreed repairs, alterations or services; showing the unit; pre-move-out inspection; abandonment or surrender; court order; certain statutory inspections |
| Notice | Reasonable written notice of the date, approximate time and purpose |
| Presumed reasonable | 24 hours' notice; a mailed notice sent at least six days before entry |
| Hours | Normal business hours, unless the tenant consents at the time of entry |
| No notice needed | Emergency; tenant present and consenting at the time; after abandonment or surrender |
| Showings to buyers | Oral notice allowed if the tenant was told in writing within the prior 120 days that the property is for sale |
| Limit | The landlord may not abuse the right of access or use it to harass the tenant |
| Penalty for misuse | Up to $2,000 per violation for a significant and intentional violation of § 1954 meant to push a tenant out (Civil Code § 1940.2) |
What the law says
The reasons a landlord may enter
Section 1954(a) gives a closed list. A landlord may enter a dwelling unit only:
- In an emergency.
- To make necessary or agreed repairs, alterations or services.
- To show the unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
- To conduct the pre-move-out inspection under Civil Code § 1950.5(f).
- When the tenant has abandoned or surrendered the unit.
- Under a court order.
- For certain statutory inspections, for example inspections of exterior elevated elements under Health and Safety Code § 17973.
A routine "drive-by" look inside, or an entry just to see how the tenant is living, is not on the list. If the reason for an entry does not fit one of these categories, the statute does not authorize it.
What the notice must say
The notice must be in writing and must state the date, approximate time and purpose of the entry. The statute requires "reasonable" notice and then sets two presumptions:
- 24 hours of written notice is presumed reasonable, absent evidence to the contrary.
- A notice mailed at least six days before the entry is presumed reasonable.
A presumption is a starting point, not a minimum or a guarantee. Twenty-four hours is what the law assumes is enough, and either side could show that a particular situation called for something different.
When the entry can happen
Entry is limited to normal business hours unless the tenant consents to an entry outside those hours at the time of entry.
When no written notice is required
Section 1954 lists situations where the written-notice rule does not apply:
- Emergency. A landlord may enter without notice to respond to an emergency.
- Tenant present and consenting. If the tenant is there and agrees to the entry at that time, no prior notice is needed.
- Abandonment or surrender. After the tenant has abandoned or surrendered the unit.
- Agreed repairs arranged orally. Entry to make agreed repairs or supply agreed services may be arranged orally, for an entry within one week.
Showing the home to buyers
When the purpose is to show the unit to a prospective or actual purchaser, the landlord may give oral notice (24 hours is presumed reasonable) if the tenant was notified in writing within the prior 120 days that the property is for sale (§ 1954(d)(2)). After entering under an oral notice, the landlord must leave written evidence of the entry inside the unit.
No harassment through entry
The landlord "may not abuse the right of access or use it to harass the tenant" (§ 1954). A separate statute, Civil Code § 1940.2(a)(4), makes it unlawful to commit a significant and intentional violation of § 1954 for the purpose of influencing a tenant to move out. A tenant who prevails, including in small claims court, gets a civil penalty of up to $2,000 for each violation (§ 1940.2(b)). Good-faith warnings about lease violations, and explaining the lease or rules in the normal course of business, are not violations (§ 1940.2(c)).
Related entry rules in other statutes
Several other laws send landlords into the unit and point back to the same notice standard:
- Smoke alarms. Health and Safety Code § 13113.7(d)(2) allows entry to install, test or repair smoke alarms with reasonable written notice, during normal business hours, with 24 hours presumed reasonable. See smoke and carbon monoxide alarms.
- Carbon monoxide devices. Entry to install or repair carbon monoxide devices follows Civil Code § 1954 (Health and Safety Code § 17926.1).
- Pre-move-out inspection. If the tenant asks for the initial inspection, it happens no earlier than two weeks before the tenancy ends, with 48 hours' written notice, which both parties may waive in writing (Civil Code § 1950.5(f)).
Refusing lawful entry
Where the just-cause law applies, a tenant's refusal to allow the landlord to enter as authorized by Civil Code § 1954 or Health and Safety Code §§ 13113.7 and 17926.1 is listed as an at-fault just cause for ending the tenancy (Civil Code § 1946.2(b)(1)). For curable violations, § 1946.2(c) requires a notice to cure before a notice to quit. See just-cause eviction.
What owners should do
- Confirm the reason. Before scheduling, check that the purpose fits one of the § 1954(a) categories.
- Put the notice in writing. State the date, an approximate time window and the purpose. Vague notices such as "sometime this week for maintenance" do not state a date and approximate time.
- Give at least 24 hours. If you mail the notice, mail it at least six days before the entry. The notice period calculator can help you count dates.
- Stay within normal business hours unless the tenant agrees at the time to another time.
- Keep a copy of each notice and how and when it was delivered.
- Planning to sell? Give the tenant written notice that the property is for sale. For 120 days after that notice, oral notice of showings is allowed, and you must leave written evidence of each entry inside the unit.
- Document emergencies. If you enter without notice for an emergency, record what the emergency was and what you did.
- Coordinate vendors. Contractors entering on your behalf should arrive within the window stated in the notice.
- Do not overuse access. Section 1954 bars abusing the right of access or using it to harass, and § 1940.2 penalizes a significant and intentional violation of § 1954 meant to push a tenant out.
What tenants should know
- You are entitled to written notice with the date, approximate time and purpose before most entries.
- You may agree to an entry at a different time, or without notice, if you are present and consent at the time. That choice is yours.
- In an emergency, the landlord may enter without notice.
- Repeated entries used to pressure you to leave may violate § 1940.2, and the penalty claim can be brought in small claims court.
- Refusing an entry the law allows can have consequences: where § 1946.2 applies, refusing lawful entry is an at-fault just cause.
- Report broken smoke alarms and carbon monoxide devices to your landlord. The owner must fix reported problems, and needs access to do it.
Step-by-step guides
For the practical side of this rule, see these guides in the California Rental Handbook:
- Emergency Repairs in California Rentals: What Counts and Who Acts
- Selling a California Rental With Tenants in Place
- Bed Bugs and Pest Control in California Rentals
- Handling Maintenance Requests in a California Rental
- The Repairs and Maintenance Clause: Owner and Tenant Duties
Local rules
Some California cities add local rules on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents), so § 1954 is the entry rule there; see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.
This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.
McKee Properties manages rentals from its Coronado office; contact us with questions about your property.
Frequently asked questions
Can a California landlord enter without any notice?
Only in limited cases. Civil Code § 1954 allows entry without notice in an emergency, when the tenant is present and consents at the time, and after the tenant has abandoned or surrendered the unit. Entry for agreed repairs or services may be arranged orally, for an entry within one week. Otherwise, reasonable written notice is required.
Is 24 hours the minimum notice?
The statute does not set a hard minimum. It requires reasonable written notice and says 24 hours is presumed reasonable, absent evidence to the contrary. A notice sent by mail is presumed reasonable if it is mailed at least six days before the entry. Giving more notice than these figures is always allowed.
Can a landlord enter in the evening or on a weekend?
Section 1954 limits entry to normal business hours unless the tenant consents at the time of entry. When an entry outside a typical workday is needed, the safest course for both sides is to agree on a time in advance.
Do I have to let my landlord show the home to buyers?
Showing the unit to prospective or actual purchasers is one of the reasons the statute allows. If the landlord told you in writing within the prior 120 days that the property is for sale, the landlord may give oral notice of a showing, with 24 hours presumed reasonable, and must leave written evidence of the entry inside.
What can a tenant do if a landlord keeps entering to pressure them to move?
The landlord may not abuse the right of access or use it to harass (§ 1954). If a landlord commits a significant and intentional violation of § 1954 to influence a tenant to leave, Civil Code § 1940.2 allows a civil penalty of up to $2,000 for each violation, and the tenant may bring that claim in small claims court.
Can my landlord enter to test the smoke alarm?
Yes. Health and Safety Code § 13113.7 lets an owner enter to install, test or repair smoke alarms with reasonable written notice during normal business hours, with 24 hours presumed reasonable. Entry for carbon monoxide devices follows Civil Code § 1954.
Sources
- Civil Code § 1954 (opens in a new tab)
- Civil Code § 1940.2 (opens in a new tab)
- Civil Code § 1950.5 (opens in a new tab)
- Civil Code § 1946.2 (opens in a new tab)
- Health and Safety Code § 13113.7 (opens in a new tab)
- Health and Safety Code § 17926.1 (opens in a new tab)
Verified October 19, 2026.
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