Landlord Entered My Apartment Without Notice - What Are My Rights? (California 2025)

So I came home from work yesterday and found my landlord IN MY APARTMENT. No warning, no notice, nothing. He said he was "checking on the heater" but I never reported any problem with it??? He was just wandering around my living room when I walked in.

This isn't the first time either. Last month my neighbor told me she saw him going into my unit while I was at work. When I asked him about it he said he "thought he smelled gas" but again - no notice, no text, no email, nothing.

I feel super violated. Is this even legal? What can I do about a landlord who keeps entering without permission? I'm in San Francisco if that matters.

I pay $2,800/month rent and feel like I have zero privacy. This is driving me crazy.

What your landlord is doing is almost certainly illegal under California law. Let me break down your rights under CA Civil Code Section 1954:

The 24-Hour Notice Requirement:

• California law requires landlords to give at least 24 hours written notice before entering a rental unit
• The notice must state the date, approximate time, and purpose of entry
• Entry must be during "normal business hours" (generally 8am-5pm) unless tenant agrees otherwise
• Notice can be given personally, left at the door, or mailed (mailing requires 6 days advance notice)

Limited Reasons for Entry:

Even with notice, landlords can ONLY enter for specific reasons:

• To make necessary or agreed-upon repairs
• To show the unit to prospective tenants/buyers/contractors
• For inspections allowed by law
• When tenant has abandoned the unit
• Per court order

The Emergency Exception:

The ONLY time a landlord can enter without notice is for a genuine emergency - like a gas leak, fire, or flooding that threatens immediate danger or property damage. "Checking on the heater" when there's no reported problem is NOT an emergency.

Based on what you've described, your landlord has violated Section 1954 at least twice. This is considered illegal entry and potentially landlord harassment if there's a pattern.

I dealt with something similar in Oakland last year. Landlord entered my unit FIVE times over 3 months without proper notice. Always some excuse - "checking smoke detectors" or "looking for a leak"

Here's what actually worked for me:

1. Started documenting EVERYTHING. Dates, times, what he said, took photos of any evidence he'd been there
2. Sent a formal letter via certified mail citing Civil Code 1954 and demanding he stop the illegal entries
3. When he did it again anyway, I filed a complaint with SF Rent Board (they take this stuff seriously)
4. Sent a demand letter requesting $2,000 in damages for the repeated violations

He ended up settling for $1,500 to avoid going to small claims court. Plus he finally stopped coming in unannounced.

The key is documentation. Every single incident needs to be recorded with dates and details. Courts love paper trails.

Also - if your in SF specifically you have extra protections under the SF Rent Ordinance. Repeated illegal entry can be considered harassment and grounds for reduced rent or other remedies. Definitely look into that.

Question about the emergency exception - what actually qualifies? Like if a pipe bursts in the unit above mine and water is coming through my ceiling, can my landlord enter to deal with it even if im not there?

Also curious about maintenance people. Does the landlord have to give 24 hrs notice if theyre sending a plumber or electrician?

@NorCal_Curious - good questions:

Emergency entry without notice IS allowed for:

• Active water leaks/flooding causing damage
• Gas leaks or carbon monoxide
• Fire or smoke
• Situations where delay could cause serious property damage or endanger people

So yes, water coming through your ceiling from a burst pipe above would qualify as an emergency. The landlord (or their agent) can enter to stop the damage.

Maintenance workers/contractors:

Yes, the 24-hour notice requirement applies to anyone the landlord sends - plumbers, electricians, pest control, etc. The landlord can't bypass the notice requirement by sending someone else to do the entry.

The notice should specify who will be entering (e.g., "ABC Plumbing will enter to repair the kitchen faucet").

The gray area:

Some landlords try to claim "emergency" for things that clearly aren't emergencies. A slow drip under the sink? Not an emergency. The heat being out in winter? Probably urgent but still requires notice unless its an extreme cold snap posing danger. Landlords sometimes abuse the emergency exception and thats when you need to push back.

I manage about 40 units in the East Bay so I'll give you the landlord/PM perspective here.

What your landlord is doing is wrong and honestly makes those of us who follow the rules look bad. The 24-hour notice requirement is NOT hard to comply with. We use a simple text/email system - "Hi [tenant], this is notice that maintenance will enter unit [X] on [date] between [time range] to [purpose]. Please let us know if you have any concerns."

That said, I'll share some context on why some landlords do this (not excusing it, just explaining):

• Some older landlords genuinely don't know the law has changed - they grew up in an era with fewer tenant protections
• Some worry about unreported problems causing expensive damage (mold, leaks, etc)
• A few are checking for lease violations like unauthorized occupants or pets

None of those are valid reasons to violate your rights. If your landlord has legitimate concerns, they can request an inspection WITH proper notice.

My advice: send a clear written notice (keep a copy) explaining the law and requesting compliance. Most landlords will stop when they realize you know your rights. If they don't stop, then you escalate to rent board/attorney/small claims.

Just wanted to share my success story since this thread was really helpful when I was dealing with the same issue in LA.

My landlord entered without notice 3 times claiming various "inspections." After finding this thread, I:

1. Documented all the incidents with dates, times, and what happened
2. Took photos of my door (no notice posted) each time I came home and found evidence of entry
3. Used a demand letter calculator to figure out what to ask for
4. Sent a formal demand letter citing CA Civil Code 1954 requesting $1,500 in damages

My landlord initially ignored the letter. I then filed in small claims court ($75 filing fee). The DAY before our court date, his attorney called and offered $1,200 to settle. I took it.

The demand letter approach really works for these cases because:

• The law is clear (Civil Code 1954)
• Its easy to prove violations if you have documentation
• Small claims court is inexpensive and landlord-friendly judges hate repeat violators
• Landlords dont want this stuff on record when they have other tenants

@frustrated_renter_sf - definitely send that demand letter. Even if you dont want to sue, it puts them on notice that you know your rights and they'll almost always stop. The California landlord harassment templates I found were really helpful for getting the language right.

Update for anyone following this thread:

I sent my landlord a formal letter citing Civil Code 1954 and documenting the two incidents I knew about. I also installed a cheap wifi camera by my door (pointed at my own entryway, not the hallway - checked that this was ok).

He actually called me to apologize! Said he "didnt realize" he needed to give written notice (I dont totally believe him but whatever). He agreed in writing to always provide 24-hour notice going forward.

Its been about 3 weeks and so far so good. No more surprise visits. I decided not to pursue damages since he stopped and I dont want to make my living situation awkward, but I'm keeping all my documentation just in case.

Thanks everyone for the advice, especially @TenantLaw_Melissa for explaining the law so clearly. Knowing my rights made all the difference.