CivilLibertarian
Member
In California, there is NO RIGHT TO GENERAL INSPECTION, even if it is written on your contract, that section is null and void.
See California Civil Code sections 1953 and 1954.
Under section 1954, the landlord can ONLY enter the unit for these four enumerated reasons:
(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 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.
(section 1950.5 is the pre-move out inspection, and is not relevant to periodic or annual inspections)
THERE IS NO RIGHT FOR LANDLORDS TO MAKE ANNUAL INSPECTIONS IN CALIFORNIA, PERIOD.
It does not matter if the insurance carrier wants it, or a city agency wants it, the tenant's privacy can not be violated except in an actual emergency. Inspections REQUIRE the voluntary cooperation of the TENANT.
Under section 1953, even if the lease or contract says the landlord can make annual inspections, that section of the lease is void. The tenant cannot be made to waive their rights under California Law:
(a) Any provision of a lease or rental agreement of a
dwelling by which the lessee agrees to modify or waive any of the
following rights shall be void as contrary to public policy:
(1) His rights or remedies under Section 1950.5 or 1954.
So even if the lease says the landlord can come in annually, bi-annually, or periodically for inspections, they still must abide by section 1954, which does not allow for *any inspection", and the tenant can refuse the inspection.
Link to the California DCA plain english document that explains this:
www.dca.ca.gov/publications/landlordbook/living-in.shtml
US SUPREME COURT:
Further, no agency of the state, city, or federal government can inspect an occupied apartment dwelling without a warrant issued by a judge upon probable cause. Any request to inspect requires tenant cooperation and approval.
See US Supreme Court Camara v. Municipal Court, 387 U.S. 523 (1967)
Inspections REQUIRE the voluntary cooperation of the TENANT.
See California Civil Code sections 1953 and 1954.
Under section 1954, the landlord can ONLY enter the unit for these four enumerated reasons:
(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 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.
(section 1950.5 is the pre-move out inspection, and is not relevant to periodic or annual inspections)
THERE IS NO RIGHT FOR LANDLORDS TO MAKE ANNUAL INSPECTIONS IN CALIFORNIA, PERIOD.
It does not matter if the insurance carrier wants it, or a city agency wants it, the tenant's privacy can not be violated except in an actual emergency. Inspections REQUIRE the voluntary cooperation of the TENANT.
Under section 1953, even if the lease or contract says the landlord can make annual inspections, that section of the lease is void. The tenant cannot be made to waive their rights under California Law:
(a) Any provision of a lease or rental agreement of a
dwelling by which the lessee agrees to modify or waive any of the
following rights shall be void as contrary to public policy:
(1) His rights or remedies under Section 1950.5 or 1954.
So even if the lease says the landlord can come in annually, bi-annually, or periodically for inspections, they still must abide by section 1954, which does not allow for *any inspection", and the tenant can refuse the inspection.
Link to the California DCA plain english document that explains this:
www.dca.ca.gov/publications/landlordbook/living-in.shtml
US SUPREME COURT:
Further, no agency of the state, city, or federal government can inspect an occupied apartment dwelling without a warrant issued by a judge upon probable cause. Any request to inspect requires tenant cooperation and approval.
See US Supreme Court Camara v. Municipal Court, 387 U.S. 523 (1967)
Inspections REQUIRE the voluntary cooperation of the TENANT.
