I have come across this question a lot from landlords and property managers who have provisions in their rental agreements to conduct an annual inspection or twice yearly inspections. The main reason for wanting an inspection is to make sure a rental unit does not fall into disrepair. But some landlords want to use inspections to check out other things in the unit such as unauthorized occupants, hoarders, and other problems. You should be aware that California Civil Code § 1954 severely restricts the right of landlords to enter a rental unit.
Civil Code § 1954 Governs Entry into a Rental Unit
Under Civil Code § 1954, a landlord may only enter a rental unit under the following circumstances:
1. In case of emergency
2. To make necessary or agreed upon repairs, decorations, alterations, or improvements; to supply necessary or agreed upon services; to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors; or to make an inspection pursuant to subdivision (f) of Section 1950.5.
3. When the tenant has abandoned or surrendered the premises
4. Pursuant to court order
Okay, now all my properties managers are going to scream at me and say, ”What about the inspection provisions in our rental agreement about allowing us to inspect the unit?” Based on Civil Code § 1954, tenants cannot sign away the statutory rights under Civil Code § 1953 or Civil Code § 1954.
“Section 1953 provides that any provision of a residential lease by which the tenant agrees to modify or waive certain essential rights, including the tenant’s rights under section 1954, is void as contrary to public policy.” [Dromy v. Lukovsky (2013) 219 Cal. App.4th 278, 285, Footnote 3].
Some of you are still going to say, ”What about an inspection provision under Civil Code § 1950.5? Civil Code § 1954 says we can do inspections under 1950.5.” Not so fast, I would say. For those in the rental business who deal with termination notices and the like, Civil Code 1950.5 requires you as a landlord to advise your tenants of their rights to demand a pre-move-out inspection in order for the landlord and tenant to identify potential deductions of a security deposit so a tenant can cure any defects in order to preserve their deposit. Civil 1950.5 doesn’t allow you to inspect a unit for other purposes.
So a lease agreement that has an inspection provision carries no weight at all. Besides the legal aspects, there are many practical aspects you should consider before entering a unit without tenant consent.
The Missing Fucci Purse and Valuable Possessions
Probably the number-one risk you face is the accusation of missing valuables. The so-called knock-off of the Fucci Purse bought for $25 from a street vendor ends up being a $3,000 Gucci purse that is now missing after you entered the unit. The tip of the day: If there is not an emergency situation in the rental unit such as a fire or a water main break, don’t enter without consent.
The Crazy Renters You Knew Were Crazy and Still Rented To
Some of the landlords I know tell me they want to enter a unit even though they know the tenants will be confrontational about the entry and will gladly stir up the pot. I always warn people that they don’t really know what could be inside the unit if they go in on their own. I’ve had stories of big 90-100 lb. dogs (who shouldn’t be there) in the unit and of tenants being armed at the property. Remember, you gave up possession in exchange for rent payments. If you are having problems, you need to look for other ways to end this over-the-top rental relationship. Hopefully, your relationship is structured in a way that allows you to part ways. Better yet, this is why you do rental screening!
Entering into units without voluntary consent poses a huge liability and safety risk to landlords. If your landlord-tenant relationship has broken down to the point where you need to be “Big Brother,” it’s time to talk about how you can legally sever your relationship and how you can structure your relationship the next time to prevent the crazy renter situation in the first place.
