I served a notice to enter for repairs and to check the smoke alarms, but my resident repeatedly refuses access, citing work-from-home obligations. At what point does denial of entry become a lease violation?
Residents may not refuse lawful requests for entry. However, the key requirement here is “lawful.” In general, once the tenancy begins, an owner’s right to access a rental unit becomes significantly restricted. Indeed, performing home inspections to check the smoke detectors is not in this author’s opinion a legitimate reason to compel an entry. Permissible reasons to enter are limited and specifically defined by state law. They include the following:
- Entries are permitted without notice in the event of an emergency such as a flood or a fire.
- Entries are permitted with notice to make necessary or agreed upon repairs, decorations, alterations or improvements, supply necessary or agreed services, or to exhibit the rental unit to prospective or actual purchasers, lenders, tenants, workers, or contractors.
- Entries are permitted pursuant to a court order.
- Entries are permitted to install submetering devices for water service.
- Entries are permitted to perform the regular deck and balcony inspections as mandated by law.
Thus, there is no right to go in and perform annual “smoke detector” or “condition of premises” inspections. Unfortunately, many in the industry use the purported maintenance of smoke alarms as a basis to perform yearly visits, but doing so may constitute tenant harassment.
Now the question also references “repairs.” Agreed upon or necessary repairs is a basis to seek entry, but please make sure that the repairs are indeed necessary before you push the issue. If the repairs are in fact legitimate and needed, then you may seek access with proper written notice. The notice shall include the date, approximate time, and purpose of the entry. The notice may be delivered personally to the tenant or left near or under the front door to the apartment. Twenty-four hours shall be presumed to be a reasonable amount of time for the notice. You may also mail the notice, but the mailing must be done at least six days prior to the entry. In addition, you and your resident may agree orally to entry if the agreement specifies the date and time for the visit and the oral agreement is made within one week of the scheduled appointment. Also, no notice needs to be given if the tenant is present when access is sought and consents to the entry.
The 2026 Residential Tenancy Agreement defines these mutual obligations:
40. ENTRY and INSPECTION: Owner shall have the right to enter the Premises pursuant to California Civil Code Section 1954. Owner shall give Tenant reasonable notice of the intention of Owner/Owner’s agent to enter the Premises and shall enter only during normal business hours, unless otherwise agreed by Tenant. For purposes of this Paragraph, normal business hours shall be defined as 7:00AM to 7:00PM Monday through Saturday, with holidays excepted. Tenant may not place any unreasonable restrictions upon such entry. If, however, Owner reasonably believes that an emergency exists (such as a fire or flood) which requires immediate entry, such entry may be made without prior notice to Tenant. Tenant agrees and understands that Owner may give 24 hours’ notice to enter via email. Tenant agrees to inform Owner in writing if Tenant changes their email address.
Tenant agrees and understands that if Owner provides 24 hours’ written notice under California Civil Code Section 1954, Tenant cannot require that Tenant be present. If Tenant has, after written notice to cease, continued to deny Owner access to the Premises, as required by law, such denial of lawful access is a substantial breach of this Agreement and is a just cause for recovery of possession of the Premises.
In instances where there is a lawful basis for access and entry is refused, after sufficient warnings to the tenant, the tenancy may be terminated. Under both state and local law, a refusal to permit lawful entries is a just cause reason to terminate the tenancy. The City’s rent ordnance says as much: “The tenant has, after written notice to cease, refused the landlord access to the rental unit as required by state or local law….”
But the access must be sanctioned by law and as explained above, performing smoke detector inspections are not explicitly permitted. Otherwise, if the entry is legally justified and properly noticed and met with repeated refusals after sufficient warnings are issued, you do have recourse under the rent laws to possibly end the relationship.