Notices and Entry for Landlords


Entry Allowed During Tenant’s Extended Absence

You cannot notice a tenant for entry with a 2-hour notice if they are away for an extended time. Entry for emergencies is allowed.

Refer to Section Civ. (Civ. Code §§ 1954) for more in-depth information. Go to: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1954

Emergency Entry Allowed without Notice

Landlord or Agent can enter immediately with no notice.

Refer to Section Civ. Code (Civ. Code §§ 1954b) for more in-depth information. Go to: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1954

Required Notice before Entry-Repairs and Inspections

24 hours.

Refer to Section Civ. Code (Civ. Code §§ 1954a) for more in-depth information. Go to: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1954

3 Day Notice to Perform Covenant or Quit – Lease Violation

Three days to remedy lease violation or landlord can file eviction (Civ. Procedure Code §§ 1161(3)). Landlord can also terminate the lease for subletting without permission or illegal activity on the premises. (Civ. Procedure Code §§ 1161(4))

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1161

3 Day Notice to Pay Rent of Quit – Notice for Nonpayment of Rent

Three days

Refer to Section Civ. Code (Civ. Procedure Code §§ 1161(2)) for more in-depth information. CA Landlord Handbook. Go to: http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#landlordsnoticetoend

Notice of date/time of Move-Out Inspection

(i) After giving or receiving notice of termination of a tenancy, or before the expiration of this Agreement, Tenant has the right to request that an inspection of the Premises take place prior to termination of the lease or rental. If Tenant requests such an inspection, Tenant shall be given an opportunity to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement. (ii) Any repairs or alterations made to the Premises as a result of this inspection (collectively, “Repairs”) shall be made at Tenant’s expense. Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. (iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the date of such Repairs; and (c) provide copies of receipts and statements to Landlord prior to termination. Paragraph 25C does not apply when the tenancy is terminated pursuant to California Code of Civil Procedure § 1161(2), (3), or (4).

Notice to Terminate Lease due to Sale of Property

You can give a 30-day notice if ALL of the following are true:

  • The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.
  • The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
  • The landlord must have given 30-day notice no later than 120 days after opening escrow, and
  • The landlord must not previously have given you a 30-day or 60-day notice, and
  • The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.)

Refer to Section Civ. Code (Civ. Code §§ 1946.1) for more in-depth information. Go to: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1

Notice to Terminate a Periodic Lease – Month-to-Month

The landlord is required to give a 30-day notice. Tenant is required to give a 30-day notice.

Refer to Section Civ. Code (Civ. Code §§ 1946) for more in-depth information. Go to: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1

Notice to Terminate Any Periodic Lease of a Year or More

If ALL tenants have lived there longer than a year, the landlord is required to give a 60-day notice.

Refer to Section Civ. Code CA Landlord Handbook for more in-depth information. Go to: http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#landlordsnoticetoend

Notice to Terminate Tenancy – Fixed End Date in Lease

No notice is needed as the lease simply expires. I recommend giving a 60-day notice anyway. I also recommend having the tenant sign an addendum to the lease requiring that the tenant notify the landlord 60 days prior to the end of the lease. This way the landlord will know whether they will prepare to market the property for rent.

Sunset Property Management and Realty is a licensed CA BRE real estate broker and is only qualified to advise on real estate. If you desire legal advice, consult your attorney.  Sunset Property Management & Realty makes no representations or warranties, expressed or implied, as to the accuracy of information related to national, state, and/or local laws and codes. Viewers should not rely on the information provided and should verify all information with the original issuing source.  Sunset Property Management & Realty does not bear any responsibility for reliance on the information posted on this website.

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