Residential lease agreements usually allow a landlord reasonable access rights—including the right to enter the leased premises to make necessary repairs or to renovate the property.
To protect the tenant’s right to privacy, many state laws require the landlord to give the tenant notice it will be in the leased premises to make necessary repairs or do maintenance at least 24 hours before the landlord enters the premises.
A residential landlord may also enter the leased premises to prevent damage or harm to the property or its occupants due to a water leak, flood, fire, electrical outage, gas leak, or other emergency—or to allow a law enforcement officer to enter and ensure the safety of the property and its occupants.
A residential lease will also usually give the landlord the right to enter and show the premises to prospective tenants—at least within some period of time before termination of the lease, if the landlord and tenant have not agreed to renew the lease or if the landlord or tenant has given notice of their intention not to renew the lease.
And in some circumstances a landlord’s right to enter the premises during the term of the lease may be implied—such as when the landlord suspects the tenant has abandoned the leased premises and does not intend to return.
A landlord’s right to enter leased residential premises varies depending on the specific language in the residential lease agreement and the state’s landlord-tenant laws—which are usually located in a state’s statutes.
In California, residential lease agreements typically grant landlords the right to reasonably access the leased premises for necessary repairs, renovations, or emergencies. Under California law, specifically California Civil Code section 1954, landlords are required to provide tenants with at least 24 hours' notice before entering the property for repairs or maintenance, except in cases of emergency. Emergencies that allow for immediate landlord entry include situations like water leaks, fires, or other circumstances that could cause damage to the property or harm its occupants. Additionally, landlords have the right to show the premises to prospective tenants, usually towards the end of the lease term, and this is often stipulated in the lease agreement. If a landlord suspects abandonment of the property by the tenant, they may also have an implied right to enter. The specific rights and obligations for both landlords and tenants are governed by the lease agreement in conjunction with state statutes, which in California are detailed in the Civil Code.