This month, I would like to address the issue of giving a tenant proper notice when entering their apartment in order to make repairs.
According to California law, a landlord can enter an apartment by giving 24-hours written notice to make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection.
Legally, a landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
The process gets tricky when you decide 1) should you schedule with the contractor or repair man and just give the tenant notice with no input on the date or time; or 2) should you try to coordinate a time with a tenant to find a time that is convenient for them.
In most instances, I go with #2. I always try to take my tenants’ schedules and wishes into consideration. I believe that a tenant is paying for the service of having peace and quiet and uninterrupted living at your property. Therefore, they should have a say in when you will be entering the premises.
However, this isn’t always possible when, for instance, work is being done to multiple units and it would be virtually impossible to schedule them all for the same day.
Also, sometimes tenants don’t want you in the unit at all, and therefore are uncooperative in scheduling a time.
Therefore, I preface all conversations about entry with “I reserve the right to serve a 24-hour notice of entry, which by law allows us to enter your apartment without your permission as long as we give you proper notice. I absolutely do not like to do that as I realize we are entering your private living space, and therefore believe you should have some say in our scheduling.” This usually makes even the most difficult tenants more amenable to giving me entry. Once they know I can enter without their permission, they determine it is better for them to give me a time that works for them, as opposed to having no say at all.
Please note you must ALWAYS give WRITTEN notice, even if the tenant agrees to entry in a phone call or email.