Is Your Tenant Stopping You from Entering the Property Despite Proper Notice?
As a landlord, you hope that you’ll rarely have to enter your rental units. However, there are some instances where you may need access, like when a unit needs repairs, or you want to show it to a prospective tenant.
Most of the time, a tenant will allow you to access their dwelling if you give them notice. If the tenant continually refuses access even when your requests are reasonable and you’ve given proper notice, it may be time to consider a failure-to-grant-access eviction.
Understanding Your Right to Access as a Landlord
When you rent a property, you don’t have the right to come in whenever you like — generally speaking, once a tenant signs a lease, they have exclusive rights to the property. However, there are a few circumstances under which you may enter the property.
CONTACT USLegal Grounds for the Tenant to Grant Access to the Home
The California Civil Code explains that landlords may enter a rented dwelling for the following reasons:
- If there’s an emergency
- If the landlord has a court order allowing them to do so
- To read, maintain, or install water submeters
- To inspect or maintain decks, balconies, or similar structures
- To make repairs or alterations that are necessary or agreed upon
- To show the unit to prospective renters or buyers
- If the tenant has abandoned the dwelling or surrendered it to the landlord
These regulations clarify that unless there’s an emergency or the tenant has abandoned or surrendered the residence, the landlord may only enter the property during normal business hours. However, if the tenant agrees to a time outside of these hours, the landlord may enter.
The law also states that landlords may not abuse their right of access or use it to harass the tenant. If a landlord attempts to evict a tenant for failure to grant access, one of the first things the court will look at is whether the landlord’s requests for access were legitimate and not excessive.
Notice Requirements
There are three situations where a landlord doesn’t have to give advance notice of entry:
- If they’re responding to an emergency
- If the tenant is present and allows the landlord on the property
- If the tenant has abandoned the property or surrendered it to the landlord
In all other situations, the landlord must provide advance notice. The requirements for notice vary depending on the purpose of the access.
For General Access
In most instances, the law requires you to give “reasonable” written notice before entry. The California Civil Code specifies that notice is reasonable if it’s:
- Personally delivered to the property at least 24 hours before the requested access
- Mailed to the tenant at least six days before the requested access
If the landlord is delivering the notice to the dwelling, they must do one of the following:
- Leave it with the tenant
- Leave it with another appropriately aged person on the premises
- Leave it on, near, or under the main door
The notice must include the date and approximate time of the requested entry, as well as the purpose.
For Making Agreed-Upon Repairs or Delivering Agreed-Upon Services
If the landlord is making a repair or delivering a service the tenant has agreed to, they don’t need to give written notice if the two have made an oral agreement within a week of the entry.
For Showing the Rental to Prospective Renters or Buyers
If the landlord has given the tenant a written notice (within 120 days) that they’ll need to show the property to prospective buyers or renters, they may tell the tenant about a specific showing either in person or over the phone. They still must provide at least 24 hours’ notice.
Tenant Refusal to Provide Access and Legal Implications
In California, a tenant must allow you “reasonable” access to the rental property for the specific purposes mentioned in the Civil Code. Legally speaking, if the tenant is failing to allow entry despite proper notice, it’s grounds for eviction.
However, evicting a tenant for any reason is often more difficult than it sounds. If you’re pursuing a failure-to-grant-access eviction, you must be able to prove the tenant’s non-compliance.
Documenting Refusals
If you think you may need to pursue a failure-to-grant-access eviction, you should start documenting the tenant’s refusal to allow you access.
Keep a written log of the dates and times of all communication with the tenant. This record will show the court that you’ve consistently given proper notice, and the tenant has consistently refused to allow you into the dwelling.
You might also consider doing the following:
- Keeping copies of texts, letters, and emails
- Bringing a witness when speaking to the tenant in person
- Taking photos or videos if appropriate
Landlord-tenant lawyers have extensive experience with documenting refusals and building cases for eviction. If you’re having issues with a tenant refusing access to the property, consult an attorney to determine the best course of action.
Communicating With Tenants About Access Disputes
Because of the complexity of the eviction process, it’s often best to resolve the issue through communication with the tenant if possible.
For instance, you might consider sending the tenant a written notice reminding them that their lease requires them to grant you access in certain circumstances — and that if they violate the lease, you may need to initiate the eviction process.
Pay close attention to the language you use here. Remaining calm and professional is vital, as angry or disrespectful language may inflame the situation.
Serving an Eviction Notice for Denied Access
If the tenant still disputes the access, you can serve them a 3-Day Notice to Perform Covenants or Quit. This notice informs the tenant that they have three days to either allow you access to the rental unit or move out.
If the tenant fails to comply at this point, you have the right to file an unlawful detainer (eviction) lawsuit.
How California Property Law Group’s Lawyers Help Landlords
Having a tenant refuse you access to a property is one of the most frustrating things you can deal with as a landlord. If you’ve exhausted all other options and need to evict a tenant, having an experienced landlord-tenant attorney on your side is important.
Attorneys know what kind of proof is needed to win an eviction lawsuit for a tenant who failed to grant access to their landlord. If you represent yourself and make even a small mistake, you may lose the suit or have to start over. Eviction proceedings are time-consuming and expensive, so it’s wise to do everything in your power, including hiring an eviction lawyer, to avoid having to file twice.
California Property Law Group has helped countless landlords like you navigate complex issues and protect their interests in California’s tenant-friendly court system. Reach out to our legal counsel today to learn more about how we can assist you with home and apartment evictions.
After the Eviction and Solving the Issue
Once you’ve evicted a tenant and reclaimed the property, you should check for damage, make repairs, and clean up the unit as you would for any other tenant. However, you should also change the locks before renting the unit again. Sometimes, disgruntled tenants will try to return to a rental they’ve been evicted from.
Legal and Practical Steps Post-Evictions
You won’t want to go through the eviction process more than once. Screening tenants carefully and ensuring that new tenants understand your right to access may reduce your risk of further problems, as can asking an attorney to review your lease and address any potential issues.
