Form-of-the-week:

Notice of Intent to Enter Dwelling and Notice of Temporary Displacement – Form 567 and 588

Landlord’s right to enter another’s space

A landlord’s right to enter a residential or commercial unit during the period of the tenant’s right of occupancy is severely limited. The possessory rights to exclusively occupy the property have been conveyed to the tenant and are no longer held by the landlord, until a reversion of possession occurs on termination of the tenancy.

A residential landlord may enter the tenant’s dwelling during the term of the rental or lease agreement, but only in limited circumstances:

  • in an emergency;
  • to make repairs, alterations, improvements, or supply services that are either necessary or previously approved by the tenant;
  • to complete a pre-expiration inspection for deficiencies which may result in a deduction from the tenant’s security deposit;
  • to show the unit to prospective buyers, prospective tenants, lenders, repairmen or contractors;
  • when the tenant has vacated the premises and their right to occupy has been terminated by surrender or abandonment; or
  • under a court order allowing entry. [Calif. Civil Code §1954]

A property manager’s entry into a tenant’s unit out of concern for the safety of the property or other tenants constitutes an emergency. The property manager may properly enter the unit without prior notice and without the tenant’s knowledge and permission for the limited purpose of dealing with the emergency. [People v. Plane (1969) 274 CA2d 1]

Notice of entry for repairs

Before a residential landlord may proceed with any maintenance or services which require entry into a tenant’s unit, the tenant is to be given a written notice of the landlord’s intent to enter. Maintenance includes all routine or non-emergency repairs, decorations, alterations, improvements, replacements or services, whether or not agreed to by the tenant. [CC §1954; see RPI Form 567]

The Notice of Intent to Enter Dwelling published by RPI (Realty Publications, Inc.) is used by a property manager or landlord when maintenance services are needed to be performed on an occupied unit. [See RPI Form 567]

The written notice gives the tenant a reasonable time period to prepare for the entry. A 24-hour notice is considered reasonable, unless extenuating circumstances known to the landlord or their property managers, such as the tenant’s vacation or business trip, indicate the tenant needs more time to receive the notice and prepare for the entry. [CC §1954(d)(1)]

Service of a 24-hour notice of entry in advance of the entry is accomplished by any one of the following methods:

  • personally handing a written notice to the tenant;
  • handing the notice to an occupant of the unit who is of suitable age and discretion to relay the notice to the tenant; or
  • posting the notice on, near or under the primary entry door so it will be discovered by the tenant. [CC §1954(d)(1); see RPI Form 567]
Mailed notice of entry

Alternatively, the notice of entry may be mailed. However, at least six calendar days is to pass after mailing before the landlord may schedule the intended entry to occur. [CC §1954(d)(1)]

A notice is sufficient to request entry during normal business hours, emergencies excepted. However, to request entry after business hours, the tenant’s consent needs to be obtained “at the time of entry.”

The notice of entry procedures may not be used to harass a tenant in a retaliatory or abusive manner. [CC §1954(c)]

Temporary displacement

A tenant in a community apartment project or a homeowner in a common interest development (CID) is to receive at least 15 days but no more than 30 days written notice when the management or Homeowners’ Association (HOA) needs the occupant to vacate the project in order to treat the premises for termites. Condominium projects and planned unit developments are examples of CIDs. [CC §4785(b)]

However, when a landlord needs to temporarily displace a tenant who is occupying a unit not in a CID, discretion is needed in order to not violate the tenant’s right to quiet enjoyment. [CC §1940.2(a)]

Mutually agreed-to terms need to be set out in writing by the landlord and tenant when the landlord needs to repair or fumigate a property requiring temporary displacement. Unless otherwise agreed to, the landlord is responsible for the tenant’s costs of temporarily relocating, including:

  • hotel costs;
  • pet boarding;
  • meals if a kitchen at the replacement accommodation is not provided; and
  • any other cost and expense incurred due to the displacement.

The Notice of Temporary Displacement published by RPI (Realty Publications, Inc.) is used by a property manager or landlord when invasive repairs or fumigation work require the temporary move-out of a tenant, to notify the tenant of the conditions for the temporary displacement. [See RPI Form 588]

This notice sets forth:

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