Palos Verdes Estates, CA asked in Civil Rights and Landlord - Tenant for California

Q: Any exceptions regarding 24 hour written notice a landlord needs to give tenants in order to enter the property?

We experienced a giant, plumbing flood on our lower level. Our landlord refused to abide by the 24 hour written notice for herself and subcontractors to enter the property. We were told that there was a loophole in our lease that she did not have to abide by the 24 hour law. She said that because she sent us one initial email explaining the work is ongoing, she did not have to let us know each time an individual or herself were coming to the property. Our landlord gave subcontractors our house key without permission or notice. We had two technicians into our home without any idea of what was going on. We had multiple conversations over the phone with our landlord, explaining that we need a 24 hour notice because we are still living in the property and our personal belongings are still on property. At one point she orally agreed that she would give us more notice and then went back on it, and continued to just show up at our house.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, the law typically requires landlords to give tenants at least 24-hour written notice before entering the property, with the notice stating the date, approximate time, and purpose of the entry. This requirement is designed to respect the tenant's right to privacy while balancing the landlord's right to access the property for legitimate reasons, such as repairs, inspections, or showing the property to prospective renters or buyers.

However, there are exceptions to this rule, particularly in cases of emergency or when immediate repairs are necessary to prevent damage to the property or to address a condition that is dangerous to health and safety. A plumbing flood could potentially qualify as such an emergency, allowing the landlord to bypass the 24-hour notice requirement to promptly address the issue. Nevertheless, the landlord is still expected to notify the tenants as soon as possible and to limit access to what is reasonably necessary to deal with the emergency.

Despite the emergency exception, continuously providing subcontractors with unrestricted access to the property without proper notice or consent and without specifying the times of entry can infringe upon your rights as tenants. It's essential to communicate clearly with your landlord about your concerns. If the issue persists, consider seeking legal advice to understand your options for ensuring your rights are protected while allowing necessary repairs to be completed.

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