ANSWER: The answer to this question depends on whether the tenant is occupying residential or commercial property.
Residential Property: Yes. As discussed in Question 31, California statutory law specifically limits a residential landlord’s right of entry. This law does allow a landlord to enter the leased premises for the purpose of showing the property to “prospective or actual purchasers” (Cal. Civ. Code § 1954(a)(2)). Of course, reasonable notice must be given, and the property can only be shown during normal business hours (Cal. Civ. Code § 1954(d)(1)). As a practical matter, however, residential landlords should probably include a provision in the lease that discusses this subject because tenants probably will not be aware of the California law. Finally, should a tenant refuse access to the property, neither the landlord nor the real estate agent may enter the property. However, refusal may be grounds for eviction.
Commercial Property: Maybe. Commercial landlords should negotiate for this right before executing a lease agreement. The law discussed above applies to “dwellings.” Therefore, if the lease is not specific about the landlord’s right to show the property, a commercial landlord should not enter the premises for that purpose without a tenant’s written permission.
