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Landlord Entry Rights: Notice, Emergencies, and Tenant Refusals

What Oregon and California law says about landlord entry, notice periods, emergencies, tenant rights, and what to do if entry is refused.

One of the most common sources of friction between landlords and tenants is the question of when (and how) a landlord may enter a rental unit. Oregon and California both have detailed laws about notice, acceptable reasons for entry, emergencies, and what happens when tenants refuse access. Here’s a comprehensive guide for both parties.

Key takeaways

  • Landlords must give written notice (usually 24 hours) before entering except in emergencies.
  • Entry is only allowed for specific, legal reasons—inspections, repairs, showings, emergencies, and agreed-upon services.
  • Tenants cannot unreasonably deny access, but landlords who abuse entry rights may face legal penalties.
  • Use digital notice tools (like Chez‑Moi’s entry log) to document delivery and timing for full compliance.

When Can a Landlord Enter?

  • Inspections: For periodic inspections as allowed in the lease.
  • Repairs & Maintenance: To make necessary or agreed repairs, decorations, alterations, or improvements.
  • Showings: To prospective buyers, tenants, lenders, or contractors with notice.
  • Emergencies: Any bona fide emergency (fire, flood, gas leak, etc.) allows immediate entry without notice.
  • Abandonment: If the unit appears abandoned (per state criteria).
  • By Agreement: If the tenant consents, orally or in writing, at the time of entry.

Notice Requirements & Delivery

  • Oregon and California both require at least 24 hours’ written notice in most cases.
  • Notice must state the date, time (within a 4-hour window is recommended), and reason for entry.
  • Notice can be posted on the front door, hand-delivered, mailed, or sent electronically (with tenant agreement).
  • Chez‑Moi’s digital entry notice log lets landlords send, track, and prove notice delivery directly from the app, with tenant acknowledgment.

Emergencies & Exceptions

  • Emergencies: No notice required. Landlord must notify tenant as soon as reasonably possible after entry.
  • Mutual agreement: Tenant may waive notice and allow entry for a specific purpose/time.
  • Extended absences: If tenant is absent for more than 7 days (OR) or specified in the lease (CA), landlord may enter to protect the premises.

Tenant Rights & Refusals

  • Tenant may not “unreasonably withhold consent” to lawful entry but can request to reschedule for valid reasons.
  • Repeated, harassing, or unlawful entry is a serious violation—tenants can seek damages, rent reduction, or even termination of the rental agreement.
  • If a tenant refuses entry after proper notice and reason, landlord may serve a notice of violation and ultimately seek eviction, but may not enter by force except for emergencies.

Best Practices & Digital Compliance Tools

  1. Landlords: Use written (preferably digital) logs for every notice. The Chez‑Moi app lets you schedule, deliver, and prove entry notices, with tenant read receipts.
  2. Tenants: Keep all communications in writing. If you need to reschedule, propose alternative times promptly and reasonably.
  3. Both parties: In emergencies or disputes, always document the event with timestamps, witness statements, and if possible, photo/video.
Tip: Courts strongly prefer digital logs or timestamped messages over “he said/she said” disputes.
Caution: Unlawful entry or harassment can result in significant legal damages—even for a single violation.[1]

Sources

  1. ORS 90.322: Landlord Entry Law (Oregon)
  2. California Civil Code §1954
  3. Nolo: Landlord Entry Rules

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Landlord Entry Rights: Notice, Emergencies, and Tenant Refusals — Chez-Moi Blog