Showing Your Apartment During Move-Out in California: Your Rights

As your lease in California comes to an end and you prepare to move out, you may wonder whether your landlord can show the apartment to prospective renters or buyers while you are still packing. Understanding your rights around notice, entry, and privacy is crucial during this transition. This guide explains California's legal requirements and what you can do if issues arise.

Landlord Entry Rights and Showing the Apartment

Under California Civil Code Section 1954, a landlord can enter your rental unit in certain situations, including to show the unit to potential renters, buyers, or lenders. However, there are strict rules about how and when this can happen.

• Advance written notice is required: The landlord must give you at least 24 hours’ written notice before entering, except in emergencies or if you agree to a shorter timeframe in writing.
• Reasonable hours: Entry must take place during normal business hours, typically Monday–Friday, 8 a.m.–5 p.m., unless you agree otherwise.
• Purpose limitation: Entry must be for a legitimate reason, such as showing the apartment to potential new tenants, buyers, or conducting repairs.

While you are still residing and packing in your unit, these entry rights and notice requirements remain in effect.

Your Right to Privacy While Packing

California law protects your right to privacy, even as you prepare to move out. Landlords do not have unlimited access and must respect your ongoing possession of the apartment until your lease ends.

• You can be present during the showing but cannot refuse entry if proper notice is provided.
• You may request a different showing time if the proposed schedule presents a hardship, though the landlord is not required to comply unless otherwise agreed.
• If your landlord repeatedly violates entry rules, you may have grounds to file a complaint or seek legal remedies.

Notice Requirements and Forms

When notifying tenants of intent to enter for showing purposes, landlords typically use a “Notice of Right of Entry.” While there is no statewide official form, the notice must be in writing and specify:

• The date and time of intended entry
• The reason for entry (e.g., showing the unit to prospective renters or buyers)
• The name of the landlord or representative who will enter

For sample templates and more information, visit the California Department of Consumer Affairs (DCA) resource on landlord entry.

Action Steps if Your Rights Are Violated

• Inform your landlord in writing if they enter without proper notice or outside of reasonable hours.
• Document each incident, including dates, times, and witnesses.
• If issues persist, you can contact local tenant support services or consider legal action. The courts handling tenancy disputes in California are the California Superior Court, Landlord/Tenant (Unlawful Detainer) Division.

Relevant Legislation

The main legal protections around landlord entry, notice, and tenant rights during move-out are set out in the California Civil Code Section 1954 – Landlord’s Right of Entry.

FAQ: Common Renter Questions

1. Can my landlord show my apartment while I am still living there and packing?
   Yes. As long as they give you at least 24 hours’ written notice and enter during reasonable hours, your landlord can legally show your apartment to potential renters or buyers during move-out in California.
   
2. Can I refuse a showing if I am uncomfortable?
   You cannot refuse lawful entry if proper notice is given, but you can request a different time. The landlord is not obligated to reschedule unless you both agree.
   
3. What if my landlord enters without notice or permission?
   You should document the incident and can file a complaint with your local housing authority or seek help from tenant organizations.
   
4. Do I get compensation if my landlord shows the apartment?
   California law does not require landlords to compensate tenants for showing the unit, unless your lease states otherwise.
   
5. Which court handles landlord–tenant disputes in California?
   The California Superior Court, Unlawful Detainer Division oversees landlord–tenant disputes and eviction cases.
   

Key Takeaways for California Renters

• Landlords may show your apartment during move-out with proper notice and during reasonable hours.
• Your right to privacy continues until your lease ends—document any violations.
• If you face repeated privacy violations, written communication and formal complaints are your best recourse.

Being informed about your rights helps ensure your move-out process is smooth and respectful.

Need Help? Resources for Renters

• California Department of Consumer Affairs – Landlord Entry Rules
• California Courts – Self-Help Eviction and Tenant Rights
• California Housing Is Key – Tenant Rights
• Local legal aid services for renters

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1. California Civil Code Section 1954 – Landlord’s Right of Entry
2. California Department of Consumer Affairs – Entering Rental Property
3. California Superior Court, Unlawful Detainer/Eviction Division

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