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Civil Code §1954 — Updated 2026

California Landlord Entry Laws — 24-Hour Notice, Privacy & When You Can Legally Enter

The complete guide to Civil Code §1954: permitted reasons for entry, required notice, emergency exceptions, showing rules, and what tenants can recover when their privacy is violated.

Last updated: April 2026 • Covers AB-2764 amendments

The Baseline Rule: A Tenant's Home Is Their Home

Once a California landlord rents out a unit, the tenant has a legal right to exclusive possession. The landlord retains ownership of the property, but the day-to-day right to control who enters and when belongs to the tenant for the duration of the lease. This is not a matter of lease drafting — it's statutory, set out in California Civil Code §1954, and reinforced by the implied covenant of quiet enjoyment baked into every residential lease.

What this means in practice: a landlord cannot simply walk into a rental unit whenever they want, even if they still own the property, even if they still have a key, and even if they have "just one quick thing" to check. Entry is permitted only for specific reasons, with specific notice, at specific times — and violations create real financial exposure.

The Core Principle
A landlord's right of entry exists to manage the property, not to manage the tenant. Any entry that looks more like surveillance, harassment, or inspection without a legitimate property purpose is legally suspect.

The Only Permitted Reasons to Enter a California Rental

Civil Code §1954 sets out a closed list of reasons a landlord may enter. If your reason for wanting to enter is not on this list, you need explicit tenant consent — and a tenant's refusal is their legal right, not a lease violation.

NO NOTICE

Emergencies

Genuine threat to life or property — fire, flood, gas leak, medical crisis, burst pipe, active break-in, or similar. Emergency entry is immediate and does not require notice.

24-HR NOTICE

Repairs & Maintenance

Any maintenance, repair, or improvement work — scheduled or responsive. Must be during normal business hours unless tenant agrees otherwise.

24-HR NOTICE

Showings (Rental or Sale)

Showing the unit to prospective tenants, buyers, lenders, appraisers, contractors, or inspectors. Civil Code §1954(d)(2) allows oral notice for subsequent showings if the original notice was in writing.

24-HR NOTICE

Inspections

Pre-move-out walk-throughs (required by §1950.5(f) if the tenant requests one), annual inspections, code compliance checks, or insurance inspections.

NO NOTICE (ENTRY TYPE)

Abandoned Premises

If the tenant has clearly abandoned the unit (after a statutory notice of belief of abandonment or similar evidence), the landlord can enter to take possession.

NO NOTICE (ENTRY TYPE)

Court Order

A court-ordered inspection, repair, or possession under an unlawful detainer judgment allows entry without the statutory 24-hour notice, per the terms of the order.

What's NOT on the Permitted List

  • "Just checking in" or a wellness check — not a permitted reason without consent
  • Looking for lease violations — not a permitted reason on its own; a suspected violation must rise to the level of an emergency or you must notice a legitimate inspection
  • Delivering mail or packages — not a permitted reason; leave them outside the door
  • Retrieving the landlord's personal belongings left behind — not an emergency; arrange with tenant
  • Collecting rent — not a permitted reason; use notice to pay or quit
  • Investigating an allegation about pets, occupants, or activities — requires a noticed inspection, not a surprise drop-in

How to Serve a Valid 24-Hour Notice of Entry

For any non-emergency entry, the landlord must give at least 24 hours' written notice before the entry. The notice is simple but has required elements — missing any one of them can invalidate the notice and make the entry unlawful.

Required Elements of a Notice of Entry

  1. Date and approximate time of entry. A specific date and a reasonable time window. Courts accept a 4-hour window ("between 10am and 2pm") as reasonable; an 8-hour window ("between 9am and 5pm") is borderline and may be found unreasonable.
  2. Purpose of entry. State the reason clearly — "annual inspection," "plumber to replace bathroom faucet," "showing to prospective tenant," "HVAC maintenance."
  3. Identity of who will enter. If a contractor is coming, name them or the contracting company. If the landlord or a property manager is coming, name them.
  4. In writing. Email, text message, or posted on the front door. Oral-only notice is insufficient for the initial notice (though acceptable for follow-up showings under §1954(d)(2)).

Methods of Service — All Acceptable Under §1954

  • Personal delivery to the tenant at the unit
  • Leaving the notice with someone of suitable age at the unit
  • Leaving the notice at or near the front door in a place where it will be seen
  • Mailing the notice (adds 6 days to the running of the 24-hour period under the statutory presumption)
  • Email or text message — if the tenant has provided an email or phone number for communications and the notice is reasonably calculated to reach them. This has become the standard for professionally managed units.
Sample 24-Hour Notice of Entry
NOTICE OF ENTRY To: Jane Tenant Address: 123 Main St., Apt 4, Irvine, CA 92620 Date of Notice: April 22, 2025 Date/Time of Entry: April 24, 2025, between 10:00 AM and 2:00 PM Purpose: Annual property inspection and HVAC filter replacement Who Will Enter: NextGen Coastal property manager (Alex Ruiz) and HVAC technician from ABC Heating & Air, license #123456 Per California Civil Code §1954, this notice is given at least 24 hours in advance. We will knock, announce ourselves, and leave the unit in the condition we found it. If this time is inconvenient, please call (555) 555-5555 to reschedule. Your consent to an earlier time is appreciated but not required. Signed: Alex Ruiz, Property Manager

Normal Business Hours — What That Means

California Civil Code §1954(c) requires entry during normal business hours unless the tenant agrees otherwise. Courts have interpreted this flexibly. Common rules of thumb:

  • Weekdays 8 AM to 6 PM: Universally accepted as normal business hours.
  • Saturdays 9 AM to 5 PM: Generally accepted, especially for showings where the tenant has been accommodating.
  • Sundays and holidays: Not normal business hours unless the tenant agrees. Some courts will accept Sunday showings with tenant consent or where the tenant has historically been unavailable on weekdays.
  • Before 8 AM or after 6 PM on weekdays: Only with express tenant consent, and only for very specific needs (emergency repair contractor's only available window, etc.).

Emergency Entry — When You Don't Need Notice

Civil Code §1954(a)(1) allows entry without notice in emergencies. But "emergency" has a specific meaning, and many landlords get this wrong. An emergency is a circumstance where delay for notice would materially increase the risk of harm to people or property.

What Qualifies as a Genuine Emergency

  • Fire or active smoke alarm with no response
  • Flood — water visibly flowing under the door or through walls
  • Gas leak — confirmed by utility company or strong smell
  • Burst pipe or water heater failure
  • Medical emergency inside the unit (911 has been called, police asking for access)
  • Active break-in or suspicious activity (police request)
  • Fallen tree, structural damage, or similar threat requiring immediate action
  • Wildfire evacuation orders requiring property shutdown

What Does NOT Qualify as an Emergency

Common Mistakes That Trigger Lawsuits
  • Tenant is late on rent and "not answering the phone" — NOT an emergency
  • Tenant was seen arguing with a guest — NOT an emergency
  • Landlord wants to check whether pets are on the property — NOT an emergency
  • A neighbor complained about noise — NOT an emergency
  • Landlord wants to show up because "they're suspicious" — NOT an emergency
  • Tenant hasn't responded to a text in a day — NOT an emergency

What To Do After an Emergency Entry

Even legitimate emergency entries require post-entry communication. Best practice — and what NGC does as standard procedure:

  1. Leave a written note at the unit describing what happened, what you did, and who you are
  2. Follow up in writing (email or text) within 24 hours with the same information plus photos if relevant
  3. Document the emergency with contemporaneous evidence — photos, utility company reports, police reports, or fire department reports
  4. Preserve everything in the tenant's file in case the emergency characterization is later challenged
Property inspection clipboard on a kitchen counter with smartphone calendar

Entering to Show the Unit — Sale or Re-Lease

Showing an occupied rental to prospective tenants or buyers is one of the most litigated areas of California landlord-tenant law because it creates repeated disruption for the tenant. §1954(d)(2) provides a special framework for showings.

The Showing Notice Rule

For showings, the first notice must be in writing and given at least 24 hours in advance. Once that initial written notice has been given, oral notice (in person or by phone) is sufficient for subsequent showings within the following 120 days — provided the oral notice is given at least 24 hours before each entry and the showings are to the same type of prospect (e.g., all for sale, or all for re-lease).

Showings for Sale vs. Re-Lease

ScenarioWhen Can You Show?Notice Required
Property listed for sale, tenant still in place Any time during tenancy; sale does not terminate the lease Written 24-hr first time; oral 24-hr for subsequent within 120 days
Property being marketed for re-lease after current tenant gave notice Only after tenant has given notice of non-renewal / landlord has given notice of termination Same — written 24-hr first, oral 24-hr for follow-ups
Appraiser inspection for refinance or sale Normal business hours Written 24-hr notice with appraiser's name
Professional photography for listings Normal business hours Written 24-hr notice
Open house while tenant occupies Generally not allowed without express tenant consent; Civil Code §1954 requires entries be "at reasonable times," and a multi-hour open house disrupts quiet enjoyment Express written tenant consent required
The "Excessive Showings" Trap
Even with proper notice, a pattern of frequent, disruptive showings can violate the tenant's quiet enjoyment. Courts have ruled against landlords doing 5+ showings per week or showings at inconvenient intervals. If you're marketing a property for sale, set appointment windows (e.g., two days per week from 10am–4pm) and stick to them. Tenants have successfully sued for harassment where showings exceeded reasonable frequency.

Tenant Remedies When You Enter Improperly

California takes unlawful entry seriously. Civil Code §1954.1 creates specific financial penalties for violations, and tenants can layer additional common-law claims on top of the statutory penalty. Here's what's at stake if a court finds an entry was unlawful.

Civil Penalty Under Civil Code §1954.1

  • $100 per violation as a baseline civil penalty for violations of §1954 — each unlawful entry counts as a separate violation
  • $2,000 per violation for intentional or harassing entries under §1954(f) when the landlord's conduct was intended to influence the tenant to vacate
  • Injunctive relief — court orders barring further unlawful entry
  • Attorney's fees under some local ordinances (Santa Ana, LA City) and in connection with anti-harassment ordinances

Common-Law Claims That Layer On

  • Invasion of privacy — actual damages plus emotional distress
  • Trespass — damages plus punitive damages in egregious cases
  • Breach of quiet enjoyment — rent abatement or lease termination
  • Constructive eviction — if the entries are so frequent or disruptive that the tenant reasonably feels forced to leave, the tenant may treat the lease as terminated and stop paying rent
  • Retaliation under Civil Code §1942.5 if the entries follow a habitability complaint or other protected activity
Entry Violations Are Often Bundled With Harassment
A single unlawful entry might be worth a few hundred dollars. A pattern of unannounced entries, combined with texts demanding access, sighting across the street, or showing up after work hours, can trigger a harassment claim in any of the cities with Tenant Anti-Harassment Ordinances (LA City, Santa Ana, Oakland, SF, Berkeley) with penalties up to $10,000 per incident plus attorney's fees. Keep all entries clean, documented, and purpose-limited.

Local Entry and Anti-Harassment Rules

State law is a floor. Several California cities have adopted stricter rules for landlord entry as part of their Tenant Anti-Harassment Ordinances. If your property is in one of these jurisdictions, you have tighter constraints and higher penalties.

Los Angeles Tenant Anti-Harassment Ordinance (TAHO)

LA City's TAHO (effective 2021) lists unlawful entry among specifically prohibited harassment conduct. Penalties include administrative fines up to $10,000 per violation, treble damages in civil suits, and attorney's fees. A landlord with repeated entry violations can be placed on LA's public Violators List.

Santa Ana Tenant Protections Ordinance

Santa Ana's ordinance adds local penalties on top of §1954. Harassment claims based on entry violations can carry fines up to $10,000 per incident plus relocation assistance obligations. Santa Ana also requires landlords to maintain a log of entries for compliance purposes.

Oakland Tenant Protection Ordinance

Oakland's TPO treats unauthorized entry as harassment and authorizes tenants to sue for treble damages and attorney's fees. The city's Rent Adjustment Program can also impose rent reductions on buildings with chronic violations.

San Francisco Residential Rent Stabilization and Arbitration Ordinance

SF has some of the oldest and strictest rules. Entry violations can result in Rent Board penalties, petitions for decreased services (which allow rent reductions), and in extreme cases referral to the city attorney for prosecution.

The Landlord's Entry Playbook

Most entry disputes come down to documentation and communication. NGC's standard operating procedure for every entry on every managed unit:

  1. Decide if it qualifies. Before any entry, confirm the reason matches one of the permitted categories under §1954. If it doesn't, don't go — ask for consent.
  2. Send written notice ≥24 hours before. Email and text are fine. Include date, time window (ideally no more than 4 hours), purpose, and who will enter.
  3. Give the tenant a path to reschedule. Offer a phone number or email for response. This reduces conflict and shows reasonableness if a dispute later arises.
  4. Enter during normal business hours only. Weekdays 8–6 is the safe window. Weekends or evenings only with consent.
  5. Knock and announce. When you arrive, knock, wait 30 seconds, announce yourself, and only then open the door. Even with notice, this protects you if the tenant is home and unaware of the visit.
  6. Stay for only the stated purpose. If you noticed "HVAC filter replacement," don't use the visit to inspect closets, kitchens, or anywhere unrelated. Scope creep is a harassment claim waiting to happen.
  7. Leave a written record. Leave a note at the unit and follow up in writing confirming the entry occurred, what was done, and the time of departure. NGC keeps this in the property file.
Free Entry Process Review
If you're a self-managing landlord uncertain whether your current entry practices are compliant with §1954, NGC offers a free review as part of our onboarding consultation. We'll look at how you schedule inspections, serve notices, and document entries, and flag any practices that create exposure.

Request Your Free Entry Review →

Frequently Asked Questions — California Landlord Entry

How much notice does a landlord have to give to enter in California?

At least 24 hours' written notice for all non-emergency entries. The notice must include the date, an approximate time window, the purpose of entry, and who will be entering. Entry must be during normal business hours unless the tenant consents to another time. Emergency entries (fire, flood, gas leak) require no notice.

Can a landlord enter without permission in California?

Only in specific situations: genuine emergencies, after the tenant has clearly abandoned the unit, pursuant to a court order, or to take possession after an unlawful detainer judgment. All other entries require either the tenant's consent or proper 24-hour written notice. Entry outside these rules violates §1954 and may also be trespass.

Can a landlord show a rental while the tenant is still living there?

Yes. The lease remains in effect during a sale or re-lease marketing period, and the landlord retains the right of showing with proper notice. Under Civil Code §1954(d)(2), the first showing requires written 24-hour notice; subsequent showings within 120 days can be noticed orally at least 24 hours in advance. Showings must be during normal business hours and cannot be so frequent that they breach quiet enjoyment.

What happens if a California landlord enters without proper notice?

Tenants can recover $100 per violation as a civil penalty under §1954.1, or up to $2,000 per intentional/harassing violation under §1954(f). They can also sue for invasion of privacy, trespass, breach of quiet enjoyment, emotional distress, and (in cities with anti-harassment ordinances) treble damages plus attorney's fees. A single incident is manageable; a pattern becomes serious exposure quickly.

Can a tenant refuse entry in California?

A tenant cannot refuse a legitimate entry with proper notice for a permitted purpose — doing so can be grounds for a 3-day notice to perform or quit. But tenants can refuse entries that don't comply with the statute: entry without notice, entry outside normal business hours, entry for an improper purpose, or excessive/harassing entries. A tenant saying "no, this is a bad time" to a legally noticed entry can be a lease violation; but a tenant refusing an entry attempted at 8 PM on a Sunday without notice is fully within their rights.

What counts as an emergency entry in California?

A genuine threat to life or property that cannot wait 24 hours for notice. Examples: fire, active smoke alarm with no response, flood or visible water intrusion, gas leak, burst pipe, medical emergency, police request for access, or structural damage requiring immediate action. Being late on rent, "not answering the phone," neighbor complaints, or wanting to verify lease compliance are NOT emergencies.

Can a landlord install cameras inside a rental unit?

No. Cameras or any monitoring device inside a rental unit (except in the landlord's own unit of an owner-occupied duplex, pointed at the landlord's own space) would be a serious invasion of privacy under California Penal Code §647(j) and Civil Code §1708.8. Cameras on common areas outside the unit are permitted but cannot be aimed at windows or private spaces.

Does the tenant have to be home during an entry?

No. Civil Code §1954 allows entry whether or not the tenant is present, provided proper notice was given. Many tenants choose to be absent during showings or inspections. The landlord's obligation is to the notice, the purpose, and leaving the unit in the condition found.

Can a landlord enter to do a wellness check?

Not without consent or a true emergency basis. "I haven't heard from the tenant in a few days" is not a §1954 basis to enter. If genuine welfare concerns exist (confirmed medical issue, suspicion of harm), call the police for a welfare check — they can lawfully enter when a landlord cannot. Letting police make the entry decision removes your personal liability.

How often can a landlord inspect in California?

There's no statutory limit, but courts apply a reasonableness test. Annual or semi-annual inspections are clearly reasonable. Monthly would be excessive absent a specific concern. Quarterly might be acceptable with proper advance scheduling and clear purposes (e.g., managing a unit with a history of habitability issues). Pattern of frequent inspections is a classic harassment fact pattern.

Let NGC Handle Every Notice and Entry

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