California Civil Code Section 1954: Entry Rules and Tenant Remedies

California Civil Code Section 1954 controls when a landlord can enter an occupied rental unit, why, and with how much notice. In short: the landlord needs a permitted reason, must give reasonable written notice (24 hours is presumed reasonable), and can only enter during normal business hours unless the tenant agrees otherwise at the time. Entries outside those rules can expose the landlord to claims for trespass, invasion of privacy, and breach of the lease.

Reasons a Landlord Is Allowed to Enter

Section 1954 is a closed list. If the reason for entry isn’t on it, the landlord has no right to come in:

To make necessary or agreed repairs, improvements, or services
To show the unit to prospective or actual buyers, lenders, tenants, workers, or contractors
To perform the pre-move-out inspection described in Section 1950.5(f)
In an emergency
When the tenant has abandoned or surrendered the unit
Under a court order

The statute also bars landlords from abusing the right of access or using it to harass the tenant.¹ A landlord who runs daily “inspections” or keeps showing up on thin justifications is violating Section 1954 even if each visit technically fits a listed category.

How Much Notice, and in What Form

For any entry that isn’t an emergency, an abandonment, or made with the tenant’s on-the-spot consent, the landlord must give the tenant reasonable written notice before showing up. The law presumes 24 hours is reasonable.¹ The notice has to state three things: the date of entry, the approximate time, and the purpose.

Section 1954 also spells out how that written notice can be delivered:

Handed personally to the tenant
Left with someone of suitable age and discretion at the unit
Left on, near, or under the usual entry door where a reasonable person would find it
Sent by mail

If the landlord mails the notice, 24 hours isn’t enough. The statute presumes six days of mailing time is reasonable.¹ Email and text messages aren’t on the statute’s list of approved delivery methods, so a landlord who sends only a text or email hasn’t satisfied Section 1954 on its plain language.

Normal Business Hours

Entry has to happen during normal business hours unless the tenant agrees to a different time at the moment of entry. The statute doesn’t attach specific clock times, so the ordinary Monday-through-Friday daytime range functions as the practical baseline. A landlord who wants to come by at 7 p.m. or on a Sunday needs the tenant’s consent then and there.

Oral Notice When the Property Is for Sale

There is a narrower notice procedure for showings tied to a sale. The landlord may give oral notice by phone or in person instead of written notice, but only if the landlord first sent the tenant a written notice within the past 120 days saying the property is for sale and that oral contact about showings should be expected. Twenty-four hours of oral notice is still presumed reasonable, and at the time of entry the landlord or agent must leave written evidence inside the unit that the entry occurred.¹

Oral Agreements for Repairs

If the tenant and landlord verbally agree on a time for repairs or services, no separate written notice is required. The oral agreement must include a date and approximate time, and the entry must happen within one week of the agreement.¹ This is what covers the everyday situation of calling the landlord about a broken faucet and settling on Tuesday morning.

When No Notice Is Required

Three situations drop the notice requirement entirely:

An emergency, meaning something like a fire, gas leak, or burst pipe. The statute doesn’t define the word, but the common thread is imminent danger to people or property. A landlord who calls a cosmetic problem an emergency to skip notice is misusing the exception.
The tenant is present at the unit and consents. Consent has to happen at the time of entry, not days earlier.
The tenant has abandoned or surrendered the unit.

These carveouts are narrow on purpose.¹ A landlord claiming an emergency to fix a squeaky cabinet won’t get far in court.

One boundary worth flagging: Section 1954 lists abandonment as a valid basis for entry, but California doesn’t let landlords declare abandonment on their own. Civil Code Section 1951.3 sets out a separate written-notice procedure the landlord must follow before treating a unit as abandoned.²

Can a Tenant Refuse to Let the Landlord In?

When the landlord has followed Section 1954 — permitted reason, proper notice, business hours — the tenant has no legal right to refuse entry. Changing the locks, blocking the door, or timing an absence to avoid the visit doesn’t override the landlord’s right to enter for a legitimate purpose. Tenant protection here comes from the notice and timing rules, not from a veto.

If the landlord shows up without notice, outside business hours, or for a reason that isn’t on the statute’s list, the tenant can decline. Turning away a landlord who decided to “check on things” without warning is not the same as blocking a properly noticed repair visit.

Lease Clauses That Try to Waive These Rights

Some leases include language giving the landlord broader access than Section 1954 allows, saying the landlord can enter “at any time” or “without notice.” Under Civil Code Section 1953, any lease term purporting to waive a tenant’s rights under Section 1954 is unenforceable.¹ Signing a lease with that kind of clause does not amount to giving up the statute’s protections. The statute controls.

What a Tenant Can Do About an Illegal Entry

California tenants have a right to quiet enjoyment of their home under Civil Code Section 1927. That right covers more than noise; it protects the tenant against unreasonable interference by the landlord, including repeated unauthorized entries, intimidation, and harassment.

When a landlord enters in violation of Section 1954, the tenant can sue. Typical claims include trespass, invasion of privacy, breach of the lease, and intentional infliction of emotional distress. Cases can be filed in small claims court for up to $12,500 or in Superior Court for larger amounts. A court can also issue an injunction ordering the landlord to stop.

Small claims filing fees in California are $30 for claims of $1,500 or less, $50 for claims between $1,500 and $5,000, and $75 for claims between $5,000 and $12,500.³ For a tenant whose landlord won’t respect the rules, small claims is often the quickest route to a court order.

Lockouts and Utility Shutoffs

Some landlords go past unauthorized entry and try to push a tenant out by cutting utilities, changing locks, or removing doors and windows. Civil Code Section 789.3 makes all of that unlawful. A landlord who deliberately shuts off water, electricity, gas, or another utility to force a tenant out is liable for actual damages plus a penalty of up to $100 per day the violation continues, with a minimum award of $250 per separate violation. Reasonable attorney’s fees go to the tenant who wins.⁴

The same penalties apply when a landlord changes the locks to keep a tenant out or removes the tenant’s personal property without written consent. Each separate violation carries its own minimum $250 award, so a landlord who cuts water on Monday and electricity on Wednesday is looking at two separate penalties.

1
California Legislative Information. California Code Civil Code 1954 – Right of Landlord to Enter Dwelling Unit
2
California Legislative Information. California Code CIV 1951.3 – Abandonment of Real Property
3
Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026
4
California Legislative Information. California Code Civil Code 789.3