All those restrictions apply to the entire rented area. Not just inside the rented premises, but also to the backyard, the garages, the gardens, and everything in between.
Under California Civil Code 1954, a landlord can enter your backyard without permission, if there’s an emergency – like a fire or a flood because a sewage pipe broke.
Otherwise, your landlord must provide a notice 24 hours in advance before entering.
When the landlord provides advance notice, they can enter your yard in order to make repairs and inspections or show the home to prospective tenants.
Visits are only allowed during business hours (8am to 6pm).
What Does The Notice Entail?

Your landlord must give you a written notice 24 hours before entering.
The law doesn’t recognize emails, phone calls, and oral messages unless the realtors have a written notice allowing them to show the property to other interested parties.
In Those Situations, oral messages, emails, and calls are allowed but must still follow the rules (give you a 24 hour notice and occur during business hours).
The notice will have to include the date and expected time of entry, to give you ample time to prepare for the visit.
You don’t have to be home during the visit, and if anything goes missing or gets damaged, the landlord is liable.
The right of entry is controlled by rules that the landlord can’t breach. Nothing prohibits you from stopping the landlord or landlord representatives from doing extensive repairs, showing up daily, or having an open house to inspect the property.
Also remember, there’s no legal directive on what you can prevent, so it all depends on how you (or your real estate attorney) argue.
Your Lease and Privacy
Most renters enter a rental agreement where the contract states when a landlord may enter the rental.
However, that doesn’t mean that everything in the contract is enforceable. Although the lease is a legally binding document, the provisions in the lease must still comply with the law.
For example – If your lease says that your landlord can enter your unit without notice that probably could not be enforced in California because the law requires landlords to provide at least a day’s notice before entry, unless it is an emergency.
The same is true for leases where there is no mention of the landlords entry. The state laws apply to the lease in that case.
The Right to Quiet Enjoyment
Basically, the right to quiet enjoyment means that a tenant can occupy a rental property and use the property’s amenities in peace.
If you feel like your right has been violated, a court can refer to your implied right under this law.
Even a court will enforce a right to enjoyment even if it is not in your lease agreement.
For example: A landlord in California violates this right and enters your property without your permission, you have a right to take legal action.
What If You Don’t Have a Lease?

You don’t need a written lease to obtain your tenant rights!
If you are renting the property for 12 months or less, oral agreements can suffice.
You need to clear your security deposit /first and pay your rent on time!
That said it’s still a good idea to sign a contract before renting a house. A contract should outline all of the terms to a lease covering the rights of both the tenant and landlord.
Just a reminder make sure that the terms of your agreement comply with the laws of your State.
Additional tips.
If you notice that your lease doesn’t mention privacy after you sign, then contact the landlord and ask for a revision.
This puts you in a position to protect yourself should something happen.
For example, your compound may have trees or flowers planted by the landlord.
When you rent the home you can grant the landlord the right to your premises to tend the plants.
However, such entries are only if you want them to be: the law does not require you to let them.
What If a Landlord Trespasses?

Most tenants enjoy their landlords almost always respect them but sometimes you can’t win.
Some landlords think that they can enter a property regardless of whether they give notice. Some landlords just do it out of spite.
Sometimes you want to think that your landlord has the right to trespass on your property depending on their intentions. What you do next is: ask.
If they give you a lame excuse or treat you like a peasant, you’ll have grounds for a law suit.
Most tenants don’t sue their landlords because they are scared of being evicted from their rented properties, and simply have no idea what their rights are.
This letting owners get away with entering rented property without permission all because tenants freeze and sometimes the selfish landlord is rewarded.
As a Tenant: You have exclusive rights to the property you rent. You can give away or refuse these rights to anybody you want – including your landlord.
If the owner enters the property without notice, the landlord is breaking some laws, such as:
- Invasion of Privacy
- Disorderly Conduct
- Breach of Contract
- Abuse of right to quiet enjoyment
- For any trespasser, you can sue for up to $10,000.
In California if you reside with other tenants, you can all file individual suits for up to $10,000, there is no need for a class action.
If a landlord or anyone else enters you property unlawfully there is a change that that action can be deemed criminal.
According to the California Penal code, trespass is entering a property, and then refusing to vacate that property, unlawfully and without the owners consent.
The code says “a owner is the person in lawful possession” Know that you (the renter), are a person in lawful possession who can person the law.
Jail time is up to 12 months in a county jail, a fine up to $1,000, or both.
In California – you have the option of filing either a criminal case or civil suit against a landlord for trespass – it’s up to you.
What are the Alternatives to Litigation?
You mustn’t go to court to prevent trespassing landlords.
Here are some practical solutions that don’t involve lawyers.
Threaten to Sue
If your landlord has committed trespassing before, threaten to sue.
Write them a letter and send a copy to the local police explaining your situation.
But then again, it may not work with some landlords.
Change the Locks
Lock changes may be a temporary solution to entry by an unauthorized person, especially if the landlord is stubborn and you want to avoid them coming in person.
You can use the time you buy to scout for a new place!
Inform Your Neighbors
You can tell your neighbors about a trespassing landlord.
They’ll take precautions, and some may move to new houses. Either way, the landlord will lose.
What are the Tenant Responsibilities in California?

Here’s what California tenants have to do.
If you follow these rules, your landlord shouldn’t enter your property without notice.
If your landlord is encouraged to take that action by violating these laws, then the owner is allowed to give you a 3-day notice to vacate.
Wrapping Up
It can be tough for new tenants to grasp the rules that govern renting residential space.
The complexity of the California property law makes it even more difficult.
That said, it is clear that a landlord cannot enter the property without your permission except in an emergency.
When they do need to enter, they must give you a notice a day ahead of time and must enter during business hours.
If the owner does enter without your permission, you can sue for as much as $10,000.
If you feel that your landlord is violating your rights, go seek a real estate attorney, who can also help you understand the law.