Notice to Enter Dwelling Unit Free Printable Form
Read more information on how and when to use the Notice to Enter Dwelling Unit that is available here for free.
As a landlord, you are restricted from any unnecessary or invasive intrusions to the dwelling unit of your tenant(s). That being said, there are situations when the landlord has the right to enter the dwelling unit, which is why the Notice to Enter Dwelling Unit is in effect from the California Civil Code.
Based on the Notice to Enter Dwelling Unit, the landlord can enter their property under the following circumstances:
- In case of emergency.
- To make any necessary and crucial repairs or modifications to the property that was agreed upon by the landlord and the tenant(s).
- To show the dwelling unit to any prospective buyers, tenants, subtenants, contractors, and so on.
- To inspect the dwelling unit in compliance to the California Civil Code 1950. 5 (f).
- When the tenant(s) has abandoned the dwelling unit or alternatively surrendered it.
- For pursuing a court order.
- When the tenant(s) is present in the dwelling unit and has expressed consent to the entry of the landlord to the premise at the time.
On another note, the landlord can enter the dwelling unit during regular business hours, and is obliged by the law to not use the right to entry to either harass or disturb the privacy of the tenant(s).
Requirements of the Notice
The Notice to Enter Dwelling Unit has to be used in the following manner in order to comply with the state of California, the California Department of Consumer Affairs, and the California Civil Code:
- The notice has to be presented in writing.
- The notice has to clearly state the purpose of entering the premise.
- The notice has to clearly mention the date of entry to the dwelling unit.
- The notice has to clearly indicate an approximate time of the entry to the dwelling unit.
- The notice has to be presented to the tenant(s) 24 hours before entering the premise.
The notice can either be delivered personally, or through an agent, or through someone who is above 18 years of age. Other than that, the notice can also be left at the entry door of the dwelling unit, but in a place where it is reasonably viewable or discoverable by the tenant(s). However, the notice can also be mailed to the tenant if none of the above mentioned instances is possible. That said, the mailing of the notice has to occur at least six days before the date of entry.
Instances When the Notice Is Not Required
There are situations where the landlord may not present the notice to enter the dwelling unit to the tenant(s), for example:
- When the landlord has to respond to an emergency.
- When the tenant(s) is present at the premise and exhibits consent over the landlord entering the unit.
Abuse of Entry
Under the California Civil Code 1954, the landlord has no right to abuse the notice or enter dwelling unit to either harass the tenant(s), or invade their privacy. Committing any such abuse will subject the landlord to suit for breach of the Implied Covenant of Quiet Enjoyment or Trespass. On another note, it is against the law for the landlord to commit any intentional and significant violation of the California Civil Code 1954 to either force the tenant(s) to vacate the dwelling unit. If so, then the landlord is subject to a civil penalty of up to $2,000 under the California Civil Code 1940. 2 (4), (b).
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