CA : if tenant does not cooperate allowing prospective buyer inside residential unit-- How to legally force entry?

Asked over 1 year ago - Los Angeles, CA

What kind of notices required? Is this a 3 days Notice or 30 days notice, or?

Attorney answers (2)

  1. Laurence Louis Spitters Jr

    Contributor Level 11

    1

    Lawyer agrees

    1

    Answered . First, you should give the required 24 hour written notice. The tenant does not have to be present when you enter. If the tenant impedes the showing of the home, serve a 3 Day Notice to Cure or Quit. There is an implied covenant in the lease that requires the tenant to cooperate with reasonable efforts to show the property for sale. If Tenant continues to obstruct the showing of the unit, you can bring an unlawful detainer action, or seek an injunction.

  2. Mark Steven Bridges

    Contributor Level 2

    Answered . Pursuant to California Civil Code Section 1954, 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 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.
    Except in cases of emergency or when the tenant has abandoned or surrendered the premises,
    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. It is good practice to give the tenant 24 hours written notice. If the tenant refuses to allow the landlord to enter of the premises, the landlord's attorney should serve a 3 Day Notice to Cure or Quit. If the Tenant continues to refuse to allow the landlord to enter, the landlord's attorney should file an unlawful detainer action and evict the tenant.

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