North Hollywood, CA asked in Landlord - Tenant for California

Q: May I legally deny random entry to my unit if no repairs are needed and no emergency is present?

As a tenant, am I within my legal rights to deny entry to my apartment unit for a random inspection by the California tax credit allocation committee? My household is part of the section 8 program.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, landlords are required to provide reasonable notice before entering a rental unit, and tenants have the right to privacy in their homes. However, there are some exceptions to this rule, particularly when it comes to affordable housing programs like Section 8.

1. Reasonable notice: In most cases, landlords must provide at least 24 hours' written notice before entering a rental unit, and the entry must be during normal business hours (generally 8 a.m. to 5 p.m. on weekdays).

2. Reasons for entry: Landlords may enter a rental unit for specific reasons, such as making necessary or agreed-upon repairs, conducting inspections, or showing the unit to prospective tenants or buyers.

3. Section 8 inspections: If your household is part of the Section 8 program, your landlord is required to allow inspections by the housing authority to ensure that the unit meets the program's standards. These inspections are typically conducted annually or biennially.

4. California Tax Credit Allocation Committee (CTCAC) inspections: If your rental unit is part of a development that receives tax credits from the CTCAC, the property may be subject to periodic inspections to ensure compliance with the program's requirements.

In summary, while you generally have the right to privacy in your rental unit, if your household is part of the Section 8 program or your unit is subject to CTCAC inspections, you may be required to allow entry for these specific purposes. However, your landlord should still provide you with reasonable notice before any inspection takes place.

If you have concerns about the legality or necessity of a particular inspection, you may wish to consult with a local tenant rights organization or housing attorney for more specific guidance.

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