Receiving a notice to enter
Q: I have always wondered at the legality of those notices to enter. No matter where I've lived, the notices are always posted on a workday to enter the next workday. However, they are not posted before I leave for work (8:00 a.m.), and I find them when I come home from work (6:00 p.m.). They say they will enter to do annual inspection or whatever some time between 10 a.m. and 4 p.m.

They know I work and I won't see the notice until I come home. Technically, that gives me a little over 12 hours notice. Can this be legal? I thought a full 24-hour notice had to be given. Honestly, there have been a couple of times when I have been up all night cleaning because I knew the manager was a detail person. It doesn't seem fair somehow.

Miranda
Sacramento, CA

A: Up all night cleaning? Well, unless your apartment is a disaster area, I doubt that the manager will have a problem if the apartment's not spotless. The manager's usually not there to conduct a white glove test.

A manager or owner is normally allowed to enter your apartment for three reasons in a non-emergency situation. The manager may enter to conduct needed repairs. The manager may also enter to conduct an inspection. But, the manager's not inspecting your housekeeping skills. Instead, she's inspecting the condition of the unit. An inspection may alert the manager to necessary repairs before they become a bigger problem. Finally, the manager may enter to show your unit to a prospective renter or buyer.

What kind of notice must the manager give before entering? In California, Miranda, you're correct that a manager must give 24 hours notice. Almost half the states, however, do not have any law governing the amount of notice. In the states that do have laws, the most common requirement is either 24 hours or "reasonable" notice prior to entry. A small number of states require that the landlord give 48 hours notice.

Assuming you work most days during normal business hours, only a 48-hour requirement would really give you another evening for cleaning. The landlord only has to give 24 hours notice. The landlord does not have to make sure that you receive the notice before the 24 hours starts. Part of the reason for the 24 hours is the normal lapse of time that occurs between the giving and receiving of the notice.

The situation you describe is the most common. The landlord leaves a written notice on your door during the business day, expecting that you will find it when you get home. Usually, this will provide a tenant almost 18 hours of actual notice. Unless you have to smuggle out your animal farm or transplant your garden in the closet under the grow lights, this should be sufficient notice for you.

Showing your occupied unit
Q: I was just notified after renting from the owner for 2 yrs that he has listed the house I live in, which is a complete inconvenience for me. Am I obligated by law to allow a lock box on the house for the realtor to enter while I am not home? Or do I have the right to elect to be present for the showings?

RoseAnn
Stockton, CA

A: The fact that your landlord has put your house up for sale does not change the rules regarding the landlord's right to enter your house. You pay rent for the exclusive right to occupy that house except for the landlord's rights to enter.

As the previous answer sets forth, however, the landlord does have the right to enter to show the house to prospective tenants or buyers. Because you're in California, the landlord must give you 24 hours notice of his intent to enter. This requirement still protects you in this situation.

You are not obligated to allow a lock box on your house. In fact, you should prohibit it. As you've realized, the lock box will allow any realtor in your house without any notice whatsoever and without your presence. You do not have to permit this. The landlord is the only one with the right to enter. If you can't be there during a showing, you should insist that she be there instead.

You should, however, be practical. Unless you've found a place to live, you will probably need a good recommendation from your current landlord. So, you don't want to make things too difficult for her. But, you should take reasonable precautions to safeguard your privacy and your property by disallowing a lock box arrangement.

Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.

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