Showing Tenant-Occupied Units: What’s Legal, What’s Practical, and What Actually Works

Vacancies happen—but when your rental unit is still occupied, showing it to prospective renters can quickly get complicated. In Berkeley, where tenant protections are strong and expectations are high, it’s especially important to know your rights, your obligations, and your options.

Here's what to know when planning to show a tenant-occupied unit:

1. Legal Notice Requirements Under California Civil Code §1954, landlords may enter a unit to show it to prospective renters, provided they give proper notice:

• You must give at least 24 hours’ written notice.

• The notice must state the date, time, and purpose of the entry.

• Entry must occur during normal business hours (typically 8 AM to 5 PM).

• Notice can be delivered in person, posted on the door, or emailed if the tenant has consented to electronic communication.

Even when the law is followed, frequent or poorly timed showings can lead to complaints about disruption or harassment. Use common sense and keep showings to a minimum.

2. Berkeley-Specific Considerations Berkeley’s Rent Stabilization Ordinance and associated regulations affirm a tenant’s right to privacy and quiet enjoyment. Though landlords may legally enter for showings, excessive or uncoordinated entries can be viewed as disruptive.

Always try to:

• Coordinate showing times with the current tenant.

• Give as much advance notice as possible.

• Group multiple showings together to minimize the number of entries.

3. Best Practices When Accessing an Occupied Unit

• Ask for cooperation, don’t demand it. Even though you're legally entitled to enter, a respectful approach goes a long way.

• Offer appointment windows (e.g., "between 1 and 2 PM") rather than exact times to account for no-shows and delays.

• Give a heads-up before arriving whenever feasible—even a quick text can help.

• Respect the space: Don’t open drawers or closets unnecessarily, and always leave the unit exactly as you found it.

4. Alternatives When Access Is Difficult Sometimes, tenants simply don’t want their space shown—especially if they feel the unit is messy, they're moving under duress, or they don’t trust prospective renters walking through their home. In those cases:

• Supplement with video tours, but don’t rely on them exclusively. They help generate interest, but serious renters usually want to see the unit in person.

• Use up-to-date photos clearly labeled with the date they were taken.

• Offer to show a similar vacant unit, if you have one, to give a general sense of layout and condition.

5. What Renters Want (and Expect) Prospective renters are increasingly savvy. Most:

• Want to see the unit in person before signing a lease.

• Will ask how recently photos or videos were taken.

• May question whether the unit shown is the exact one they’d be renting.

Transparency builds trust. If you can’t offer access yet, explain why—and let them know when you expect to be able to schedule a showing.

6. Incentivizing Cooperation In a softer rental market, it's important to show units as early as possible, even before they’re vacant. That makes tenant cooperation especially valuable. Some landlords offer incentives (like gift cards or rent credits) to tenants who:

• Allow flexible showings.

• Keep the unit tidy for walkthroughs.

• Vacate early so the unit can be shown vacant.

Bottom Line You have the legal right to show a tenant-occupied unit, but it’s not always easy. With good communication, advanced planning, and respect for your tenant’s space, you can keep the process smooth for everyone involved—and find your next great renter faster.