Apartment Manager Search by Darren Chaker
A landlord may not give a valid consent for police to search a renter’s home, the renter having a superior right to possession at least for the duration of the agreed rental period. (Chapman v. United States (1961) 365 U.S. 610, [5 L.Ed.2nd 828]; People v. Roman (1991) 227 Cal.App.3rd 674.)
However, a landlord has a right to inspect the home for violations of the rental agreement, with notice to the renter and at a reasonable time, and under otherlimited circumstances. (Civil Code § 1954)
Anything they observe in the process may serve as probable cause to obtain a warrant for a search by law enforcement
Same rule applies to the manager or clerk in a hotel or motel. (Stoner v. California (1964) 376 U.S. 483 [11L.Ed.2nd 856]; People v. Burke (1962) 208 Cal.App.2nd 149, 160-161.)
© 2011 Darren Chaker. All Rights Reserved.