What are my legal rights to entering my brother’s home if he has rented it out?

UPDATED: Oct 1, 2022

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What are my legal rights to entering my brother’s home if he has rented it out?

My brother, who is currently serving overseas, is renting his house out and has asked me to check and see if the people who are renting are taking care of it. I am not sure if I am legally allowed to enter the house even with consent; I feel that I need some type of legal form in order to do so. Do I have a legal right with

consent or do I need some type of legal form that allows me to enter the


Asked on October 4, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) Your brother should either "hire" you as his property manager, even if only for a nominal sum, put that in writing, and email or otherwise contact the tenants to let them know you are working for him; or give you a limited Power of Attorney regarding managing this property and again let the renter's know that he has given you the power to manage the property for you.
2) Once they are on notice that you have authority from the landlord to enter, you may enter on 24 hours written (including email or text) notice to them, so long as you state why you are entering, it is for a legitimate purpose (inspect condition of property; maintenance or repairs; extermination; etc.), and it is during reasonable hours (generally 9am to 6pm, M-F). If they still refuse you entry, you should contact the police--they may be able to help you; or you can bring a legal action in county court for a court order that they allow access.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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