Living in Isla Vista as a first time tenant is hard. You may not be aware of when and how your landlord may enter your housing unit, leaving you vulnerable to landlords abusing their right to enter your dwelling. To empower you against these abuses, we have made this notice to educate you on the specific instances when your landlord is allowed to enter.
When you rent from your landlord, you are buying the temporary but exclusive right of possession to that unit. This means that for your landlord to enter your unit without your permission is trespass, a crime which you may refer to law enforcement. However, California Civil Code § 1954 provides an exception to this rule and outlines specific instances in which your landlord may enter your unit without being liable for trespass. Whenever your landlord chooses to enter your property outside of this exception, it is trespass, and if your lease says they can do so that section of your lease is illegal.
When does CC 1954 allow landlords to enter your unit?
Your landlord may enter your premises:
- To make necessary and agreed upon repairs, decorations, alterations, and supply services.
- To exhibit your housing unit to prospective purchasers or future tenants.
- To make an inspection to assess deductions from your security deposit.
- In case of emergency or pursuant to a court order.
- When the tenant has abandoned or surrendered the premises.
- To investigate or rectify a condition causing abnormally high water usage or to maintain a submeter.
- Your landlord must have reason to believe that water is not being conserved (e.g. they see abnormally high monthly water usage reports from your water supplier).
- To determine that exterior elevated elements (e.g. balconies, decks, stairways) and their associated waterproofing elements (e.g. flashing, coatings, sealants) are in safe condition and working order.
- This particular inspection is required to be completed by January 1, 2026, and every six years thereafter.
Notice of Inspection
Prior to entering your unit, your landlord is required to give notice, in writing, at least twenty-four hours prior to the inspection. The notice must be given to a tenant of your unit, someone over 18 years of age at the premises, or left under or near your entry door. This notice must include the date and time of the entry, as it must fall within normal business hours, as well as why it is being conducted.
There are a few exceptions to the rule. First, the notice may be given orally when it is to exhibit the dwelling unit to prospective purchasers. Second, the tenant and landlord may grant the landlord entry orally to make agreed upon repairs or to supply agreed upon services.
Additionally, no notice of entry is required:
- To respond to an emergency.
- If the tenant is present and consents to the entry at the time of the entry.
- After the tenant has abandoned or surrendered the unit.
Where is the gray area and what is not legal?
Annual or bi-annual general inspections are not permitted by CC 1954. Remember, inspections are the exception, not the rule, and may only be conducted under specific circumstances as outlined above. Within Isla Vista, annual inspections are a commonly used tactic by landlords to make their way into your homes. They will justify these inspections loosely under the exceptions provided by 1954, such as to check on smoke alarm batteries, to prevent dripping faucets (water conservation), to maintain safety standards, etc. If you notice these inspections are being used by your landlord for an ulterior motive, we encourage you to seek assistance from local resources or make a complaint to the county.
Outside of the above exceptions, sudden, involuntary inspections are absolutely not permitted under California law. For example, checking on unrented rooms within your unit (such as within a larger housing complexes) is not permitted unless for the exhibition of that room to a prospective tenant. If you are experiencing these intrusions into your property, understand that it is trespass by your landlord, and is illegal. We suggest that you begin with a conversation with your landlord about this trespass, followed by escalation to the county or law enforcement if the trespass continues.
How can I address my landlord about this issue?
You can begin by using the following email template:
Subject: Concern Regarding Unauthorized Entry into [Rental Address]
Dear [Landlord’s Name],
I am writing to express concern regarding an unauthorized entry into my rental unit at [Rental Address] on [date of incident].
California Civil Code §1954 mandates that landlords provide a minimum of 24 hours’ written notice prior to entering a tenant’s unit, except in cases of emergency. The entry on [date] occurred without such notice and outside of any emergency context, which is a violation of my right to privacy.
I kindly request adherence to the legal requirements for notice in the future to maintain a respectful and lawful landlord-tenant relationship.
Thank you for your understanding and cooperation.
Sincerely,
[Your Name]
[Contact Information]