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]


What was not discussed in this article is what happens if the tenant does not want you to enter, regardless, unless it is an obvious health and safety issue, i.e. smoke is coming out of their unit. Its my understanding if a tenant tells you they do not want to let you in then you cannot go in regardless of you giving them 24 hour notice to enter. Feel free to respond.
Nile,
Thank you for your inquiry. Under the Residential Lease Agreement – RPI Form 550 §6.7, tenant agrees to make the premises available on 24 hours’ notice for entry by landlord to make necessary repairs, alterations or services, or to exhibit the premises to prospective purchasers, tenants, employees or contractors. In case of emergency or tenant’s abandonment of premises, Landlord may enter the premises at any time.
When a tenant refuses to comply with the Notice of Intent to Enter Dwelling, they are in breach of contract. However, with the exception of an emergency situation, a landlord cannot force entry when the tenant does not give permission to enter. Entering the property against the tenants will may be considered harassment. All you can do is make “reasonable” efforts to communicate with the tenant the importance of having access to the property to make necessary repairs, and their obligation to allow reasonable entry under the lease. Otherwise, you may seek remedies based on a breach of the lease agreement.
Regards,
Editorial Staff