What do you do if your landlord wants to enter your house or apartment? What can you do if he or she has already violated your privacy and done so? It is important to obtain the advice of a skilled San Francisco tenant lawyer who can help protect your interests.
Permissible Entries
In California, a landlord can enter a tenant’s rental property only in certain circumstances, including:
- In the event of an emergency;
- To make any necessary or agreed upon repairs, alterations, or improvements
- To supply necessary or agreed services;
- To exhibit the unit to prospective or actual purchasers, tenants, workers, contractors, or mortgagees;
- When a tenant has abandoned the property; and
- Pursuant to a court order.
Any entry must be during normal business hours (except in case of an emergency) unless the tenant consents or has abandoned the premises. “Normal business hours” does not necessarily mean Monday through Friday, 9 am to 5 pm. For example, open houses typically occur on weekend afternoons, therefore a landlord could exhibit the unit for prospective purchasers during a normal weekend afternoon open house.
Advance Notice Required
Although there are a few exceptions, landlords generally must first give tenants reasonable notice in writing of the landlord’s intent to enter the premises.
The notice must include all of the following:
- The date of entry;
- The approximate time that the entry will take place; and
- The purpose of the entry.
The notice must be delivered within 24 hours of the desired entry. Landlords are permitted to deliver the notice in a number of ways:
- Personally delivering it to the tenant;
- Mailing it to the tenant at least six days in advance of the intended entry;
- Leaving the notice with someone else on the premises who is of a suitable age and discretion; or
- Leaving it on, near, or under the usual entry door.
(One of the few exceptions to the 24-hour rule is when the purpose of the entry is to show the property to a potential renter. In this situation, the notice may be given in-person or over the phone, but only if the landlord notified the tenant in writing within 120 days of the oral notice that the property was for sale. Landlords are also required to provide at least a 48-hour written notice prior to a move-out inspection.)
What If Your Landlord Doesn’t Follow the Rules?
A landlord who fails to follow these rules and procedures is violating the law as well as the tenant’s right to privacy. If your landlord has made unauthorized entrances into your home, you can file a lawsuit in small claims court to recover damages suffered as a result of the landlord’s misconduct. These rules were put in place for a reason and violations can result in significant civil penalties. In fact, a landlord who significantly and intentionally violates these rights in an attempt to influence a tenant to move can be penalized up to $2,000 for each of the landlord’s violations. And, under the San Francisco Rent Ordinance’s Tenant Harassment protections, a landlord who abuses the right of access in bad faith can face civil penalties of $1,000 per violation.
We Can Help!
When your landlord doesn’t follow the rules and enters your home without proper authorization, it violates your privacy and can make you feel unsafe. If you live in the San Francisco, Berkeley, or Oakland areas and your landlord has entered your property without permission, please contact the San Francisco tenant lawyers at Elke & Merchant LLP by calling (415) 294-4111 and a member of our legal team will help you schedule a free consultation.