Can the Landlord Enter a Unit for an Inspection in Sacramento? Understanding California Law

Question: Are Semi-Annual General Inspections of the Unit Allowed with Proper Notice?

In Sacramento, California, the laws surrounding a landlord’s right to enter a rental unit are quite stringent. According to California Civil Code section 1954, the reasons a landlord may enter a rental unit are limited and specific. Notably, these reasons do not include conducting general inspections.

Legal Entry Reasons

California Civil Code section 1954 outlines the permissible reasons for a landlord to enter a rental unit, which typically include:

– To make necessary or agreed-upon repairs, decorations, alterations, or improvements

– To supply necessary or agreed services

– To exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors

– When the tenant has abandoned or surrendered the premises

– Pursuant to a court order

Specific Inspections Allowed

Certain laws do allow landlords to enter rental units for specific inspections, such as:

– Smoke Detector and Carbon Monoxide Detector Inspections:** As per Health and Safety Code sections 13113.7 and 17926.1, landlords are permitted to enter a unit to inspect and ensure the proper functioning of smoke detectors and carbon monoxide detectors.

Tenant’s Rights

It’s important to note that a tenant’s right to exclude the landlord when there isn’t an allowed reason for entry cannot be waived in the lease. This means that even if a lease agreement suggests that a landlord can conduct general inspections, this clause would not be enforceable under California law.

Notice Requirements

When a landlord needs to enter a unit for any of the legally permissible reasons, they must provide the tenant with a 24-hour written notice. This notice must specify the reason for entry. For example, landlords in Sacramento can use the “Twenty-Four Hour Notice to Enter Dwelling Unit/Premises” form and check the appropriate reason(s) for entry.

Offering Inspections to Tenants

While general inspections are not allowed, landlords can offer tenants an inspection by using Form CA-193, known as the “Resident’s Request for Maintenance Review.” This form allows tenants to request maintenance or a review of specific issues within their unit.

Navigating the legalities of landlord entry into rental units can be complex. Understanding the specific regulations in Sacramento ensures that both landlords and tenants are aware of their rights and obligations. For landlords, adhering to these legal requirements helps maintain a positive and lawful rental relationship.

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