Illegal Entry by Landlords: Understanding Your Privacy Rights in California

If your landlord enters your home without warning, it can feel like a serious invasion of privacy—and in California, it often is. Tenants have the right to feel safe and secure in their homes. This blog explains what illegal entry by landlords means under California law, what your rights are, and exactly what to do if your landlord crosses the line. 

What Is an Illegal Entry by a Landlord? 

Under California Civil Code §1954, landlords can only enter your home for specific reasons and must generally give proper notice before entry. If they don’t, it may be considered illegal. Some common examples of illegal landlord entry include: 

  • Showing up without giving at least 24 hours written notice (except in case of emergency). 
  • Entering at night or outside normal business hours. 
  • Entering for a non‑emergency reason not listed in  §1954. 

Read the full law here: California Civil Code §1954. 

Why an Illegal Entry Is a Serious Problem? 

Your rental unit is legally your private space. Unlawful entry not only violates your sense of security, but it may also breach the “implied covenant of quiet enjoyment”—a legal promise that landlords won’t interfere with your right to live peacefully in your home. 

Want to know more about your right to quiet enjoyment? Read our blog post  Understanding the Implied Covenant of Quiet Enjoyment 

Your Tenant Rights Under California Law 

California law gives you clear privacy protections. Under California Civil Code §1954, landlords must: 

  • Give at least 24 hours written notice (except in case of emergency). 
  • Provide, in writing, a legitimate reason for entry (like repairs or inspections). 
  • Schedule visits during normal business hours, unless you provide consent or there is an emergency. 

Step-by-Step Guide: What To Do If Your Landlord Enters Your Home Illegally 

  1. Document the incident. Record the date, time, and details. Take photos or videos if it’s safe to do so. 
  2. Send a written reminder. Use email or text to reference California Civil Code §1954 and inform your landlord you are aware of your rights and expect them to be respected. 
  3. Keep all records. Save copies of notices and any emails text, or letters from your landlord. 
  4. Report the violation. Contact your local housing agency or the police if needed. 
  5. Get legal help. If your landlord keeps entering your home illegally, talk to a tenant rights attorney. 

Need help tracking landlord violations? Follow our practical guide to documenting issues and gathering strong evidence. 

Real-Life Examples: How Tenants Responded to Illegal Entry 

It’s one thing to read the law—it’s another to see how it plays out in real life. These short stories show how tenants in California protected their rights when their landlords crossed the line. 

Maria’s Surprise Inspection 
Maria came home from work to find her landlord inside her unit, fixing a leaky pipe. He hadn’t given any notice. Although the repair wasn’t an emergency, he had used his key to let himself in while she was away. Feeling shocked and uncomfortable, Maria sent a polite but firm email citing California Civil Code §1954 and requesting proper notice going forward. 

Takeaway: A calm, written reminder of your rights can stop future illegal entry. 

Ramon’s Late‑Night Trespass 
At 10 p.m., Ramon heard his front door open. His landlord stepped in, saying he needed to inspect the lock. No notice. No emergency. Ramon froze, then reported the incident to the local police. The landlord was fined $250 for trespassing under California Penal Code §602. 

Takeaway: Even late-night “inspections” must follow the law. Tenants can report violations to police if needed. 

Lena’s Midday Walk-In While She Was Home 

Lena was on a Zoom call when her landlord unlocked the door and stepped into her kitchen—without knocking or warning. He said he was there to “check the smoke detectors.” Lena immediately asked him to leave and followed up with a written complaint and documentation. With legal support, she later received a small claims judgment for damages. 

Takeaway: Being home doesn’t make an unannounced visit okay. Always document and follow up. 

These examples show that you’re not alone—and that tenants can take meaningful action when landlords break the rules. 

Legal Remedies for Tenants 

If your landlord enters your unit illegally, you may be entitled to: 

  • Injunctive relief (court order to stop the behavior). 
  • Statutory damages if the landlord’s behavior is extreme, under California Civil Code §1940.2 
  • Compensation for emotional distress, and partial refund of rent for the reduced quality of life from one or more illegal entries at your unit, among other economic and non-economic damages.  
  • Additional damages, depending on applicable local law.  

How Tenant Law Group Can Help 

Don’t let your peace of mind be disrupted. At Tenant Law Group, we defend California renters’ rights every day. 

Call us at (415) 801‑8878 or get started with our short intake form here. We’re on your side. 

Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified attorney or local tenant advocacy organization for guidance specific to your situation.