In the state of California, both landlords and tenants have specific rights and responsibilities when it comes to property access and privacy. One area of confusion for many real estate agents, landlords, and property managers is the 120-day notice to tenants, which allows for property inspections and showings.
In this article we will break down the 120-day notice to vacate and provide more information for how it affects by landlords and tenants.
California Civil Code Section 1954: Landlord's Right to Enter and Tenant's Right to Privacy
The foundation for understanding the 120-day notice lies in California Civil Code Section 1954, also known as the Landlord's Right to Enter and Tenant's Right to Privacy. Enacted in 1975 and amended several times since, this code provides guidance for landlords regarding when they can enter a dwelling unit.
According to Section 1954(a), a landlord may enter the rental property in specific circumstances, including emergencies, necessary repairs, decorations, alterations, improvements, and exhibiting the property to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. Additionally, entry is allowed when the tenant has abandoned or surrendered the premises or pursuant to a court order.
The key element that often causes confusion is the 120-day notice. This notice is given by the landlord to inform the tenant that the property is for sale. Once the tenant receives this notice, the landlord can then provide a 24-hour notice for showings, repairs, or other reasons, either in writing or orally if the conditions specified in Section 1954(d)(2) are met.
It is crucial for sellers, agents, and property managers to understand that the 120-day notice must be given before the 24-hour notice can be provided. Without the initial notice, a written 24-hour notice is required for any entry into the rental property.
Protecting Tenant Privacy and Rights
Tenant privacy and rights are paramount, and it is essential for landlords, agents, and property managers to uphold these rights while exercising their own. To ensure a smooth and respectful process, here are some best practices for protecting tenant privacy:
· Focus on screening and placing quality tenants. Doing this from the beginning will eliminate the troubles associated with problem tenants.
· Maintain open and transparent communication with tenants plus address issues immediately.
· Inform tenants their rights and any necessary access to the property.
· Provide written notices to tenants to avoid any confusion or misunderstandings.
· Protect tenants’ personal information and properly dispose of tenant information.
· Maintain rental property security.
· Respect a tenant right to quiet enjoyment.
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