Q: Can a landlord in California do annual inspections on a rental apartment?
I’ve lived here 10 years and they are new property owners. I never had annual inspections before
A: Read your lease/rental agreement. I usually allows for inspections on notice to you. Unless it is an emergency you are entitled to notice.
A: Civil Code section 1954 covers the landlord's right to enter a dwelling unit. It does NOT provide for general "inspections". Any provision in a lease or rental agreement purporting to have a tenant waive their rights under section 1954 is void [Civil Code section 1953(a)]. You should read the entire section 1954, as it provides the procedure to be followed and details the purposes for which entry can be made. An intentional significant violation of section 1954 can have negative repercussions for a landlord. A landlord is prohibited from retaliating against you for exercising your rights under section 1954. That does not mean you should always refuse inspections, as they can also be beneficial to you, but you need to be aware of your rights in deciding whether to do so.
A: In California, landlords generally have the right to conduct annual inspections of rental apartments, but they must provide advance notice to tenants. If you have concerns about the inspections, it's recommended to review your lease agreement and consider discussing the matter with the new property owners or seeking legal advice.
A: Mr. Dorfman makes a very interesting point, CC § 1954 does provide that the LL can only enter the apartment for certain reasons, which are pretty broad, but don't include snooping. One of the exceptions is to make needed repairs, or "decorations." So how can a LL know that you need repairs or that new "decorations" are made unless they make an inspection? You also raise an interesting issue in that the ownership of the apartment has changed, how can the new owners make needed repairs and possibly even upgrades (painting, flooring, tiling) unless they inspect the property. General annual inspections probably prohibited unless within an exception, and Mr. Dorfman is correct that any purported waiver of your rights under 1954 are prohibited. I would suggest that you contact a local LL/Tenant attorney with your lease and the notice about annual general inspections and get a definitive answer, you have 2 attorneys saying maybe and one saying no on Justia. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.