Does My Landlord Have a Right to Inspect My Apartment?

Below is an example of an annual inspection notice posted on a tenant’s door by a property management company in the East Bay.

Excerpt of an Actual Annual Inspection Notice

A landlord's right to inspect the property may be described in the lease agreement but a lease clause concerning inspections may be overriden by state law if contradictory to the law. State law sets-out specific rules that Landlords must follow to enter your lease property to conduct a property inspection.

Under Cal. Civ. Code section 1954, an excerpt of which follows: 

(a) A landlord may enter the dwelling unit only in the following cases:

(1)    In case of emergency.

(2)   To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed to services, or 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.

  

(b) Except in cases [listed above], entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.

(c) The landlord may not abuse the right of access or use it to harass the tenant.  

(d) (1) . . . the 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 right to an annual inspection is not necessarily consistent with Cal. Civ. Code section 1954. However, property management companies routinely inspect rental properties to a) protect themselves from liability, b) to determine if any repairs are necessary, and c) to ensure that the smoke and carbon monoxide detectors are in good working order.

Cal. Health & Safety Code13113.7 requires the installation of smoke detectors and local counties and municipalities may have additional detector requirements. Further, most leases require the tenant to insure that the batteries are tested and replaced regularly.

In the sample inspection notice shown above, the inspection is being done to replace batteries in legally mandated smoke and carbon monoxide detectors and to “measure carbon monoxide levels” where there are gas heaters and appliances.

Thus, while a tenant may object to an annual property inspection and may have a right to do so, it is better to cooperate with the Owner/Agent to insure that any repairs that they believe are required are addressed and the potential liability for replacement batteries in smoke and carbon monoxide detectors is placed on the Owner/Agent’s shoulders. 

Moreover, if your lease agreement has an “inspection” clause understand what you have agreed to before objecting.  And know that even if your lease clause does not discuss annual inspections, objecting to an annual inspection may cause unnecessary friction between landlord and tenant or heighten friction that may already exist. And friction is never good in any relationship, particularly between landlord and tenant.