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Q.Is a tenant entitled to a longer notice period if the landlord wants to enter a rental unit to show it to a prospective tenant or purchaser?
A.Actually no. If the purpose of the entry is to show the rental to a purchaser, the landlord may give the tenant 24 hours notice orally (in person or by telephone) so long as the landlord has informed the tenant in writing that the building or the rental unit is for sale. This written notice must be given to the tenant within 120 days of the oral notice.
If the purpose is to show the unit to a prospective renter or purchaser, the landlord must only enter during normal business hours (Monday through Friday 9am to 5pm) and upon entry must leave a business card or other written evidence of entry. See, California Civil Code Sections 1954(b) and 1954(d)(2).
Civil Code Section 1940.2(a)(4) prohibits the landlord from abusing the right of entry, using it to harass a tenant, or using it to influence the tenant to move. In such instances, the tenant should send the landlord, via certified mail return receipt requested, a written letter that describes the date(s), time(s), and lack of notice and purpose of past entry(ies) and that demands such intrusions stop. If the letter has no effect, the tenant should contact an attorney, or file a suit in Small Claims Court to recover damages suffered due to the landlord's misconduct. If the landlord's violation of these rules was significant and intentional, and the landlord's purpose was to influence the tenant to move out of the rental unit, then tenant may be entitled to a civil penalty of up to $2,000 for each violation. See, California Civil Code Section 1940.2(b)
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