Between days 35-43 of a 60 day notice, I will be out of state taking care of my elderly mother. This trip was planned & paid a long time ago, I cannot change the trip. My landlord will be anxious to show the unit. I am anal about privacy. This is a contentious situation, but that will not even remotely deter this guy. If I haven’t given my 30 day notice can he show it? If I tell the landlord that I will not move at the end of the 60 days and he will have to evict, the date of availability of the unit is unknown, or at the very least postponed until day 90 or so IF I lose. What do you recommend? I am so anal about privacy I thought about packing all my belongings & moving before the trip. But between now and the trip [day 20 to 33] I have only 4 days I could actually pack and/or move.
It depends. See Civil Code section 1954 which provides, in part:
(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 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.
2)If the purpose of the entry is to exhibit the dwelling unit to
prospective or actual purchasers, the notice may be given orally, in
person or by telephone, if the landlord or his or her agent has
notified the tenant in writing within 120 days of the oral notice
that the property is for sale and that the landlord or agent may
contact the tenant orally for the purpose described above.
Twenty-four hours is presumed reasonable notice in the absence of
evidence to the contrary. The notice shall include the date,
approximate time, and purpose of the entry. At the time of entry, the
landlord or agent shall leave written evidence of the entry inside
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3 lawyers agree
Landlord / Tenant Lawyer
The landlord is allowed to show the unit to prospective tenants during business hours upon posting a 24-hour notice of his/her intent to do so. Of course, he/she can agree on his own to restrict the visits to only certain day or certain hours, but he/she has no legal obligation to do so.
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