Dromy v. Lukovsky
219 Cal. App. 4th 278
| Cal. Ct. App. | 2013Background
- Landlord David Dromy sought a declaratory judgment permitting weekend open houses to market a Santa Monica condominium leased to tenant Marina Lukovsky (tenant since 1994 under rent-control rules).
- Tenant had allowed private showings by appointment but refused weekend open houses; real estate custom is to hold open houses on weekends.
- Dromy moved for summary judgment under Civil Code §1954 (landlord entry to exhibit premises during “normal business hours”); trial court granted judgment authorizing two open houses per month on weekend afternoons (1:00–4:30 p.m.) with 10 days’ email notice and tenant response protections; agent must be present.
- Tenant appealed, arguing §1954 forbids entry on Sundays/holidays and that the judgment violated statutory limits and quiet enjoyment.
- The court considered statutory text, legislative history (1975 enactment), the Uniform Residential Landlord and Tenant Act’s reasonableness standard, and competing policies of tenant quiet enjoyment versus landlord’s right to sell.
Issues
| Issue | Plaintiff's Argument (Dromy) | Defendant's Argument (Lukovsky) | Held |
|---|---|---|---|
| Meaning of “normal business hours” in Civ. Code §1954 | Phrase does not categorically exclude weekends; statute limits hours not days | Phrase excludes Sundays/holidays (cites Gov. Code §6700); tenant’s quiet enjoyment should limit weekend open houses | “Normal business hours” means objectively reasonable hours under the circumstances; can include weekend afternoons when reasonable |
| Whether weekend open houses violate §1954 | Open houses during weekend afternoons are reasonable and customary for real estate showings | Weekend open houses (including Sundays) fall outside "normal business hours" and intrude on quiet enjoyment | Trial court’s limited regime (two/month, limited hours, notice, agent present) complies with §1954 and balances interests |
| Role of custom in defining business hours | Real estate custom (weekend open houses) is relevant to reasonableness | Custom does not override statutory protections for tenants | Custom informs what is reasonable but does not control; statute permits reasonable times given context |
| Effect of state holiday designation on “normal business hours” | State holiday status is irrelevant to private business hours for real estate | Sundays are state holidays per Gov. Code §6700 and thus excluded | Designation of a state holiday for government offices has no bearing on §1954’s "normal business hours" meaning |
Key Cases Cited
- People v. Plane, 274 Cal.App.2d 1 (1969) (emergency entry recognized under common law)
- Kulawitz v. Pacific Etc. Paper Co., 25 Cal.2d 664 (1944) (landlord entry for urgent repairs)
- Apartment Assn. of Los Angeles County, Inc. v. City of Los Angeles, 173 Cal.App.4th 13 (2009) (statutory construction principles)
- Spinks v. Equity Residential Briarwood Apartments, 171 Cal.App.4th 1004 (2009) (§1954 bars landlord entry except in specified circumstances)
- Conejo Wellness Center, Inc. v. City of Agoura Hills, 214 Cal.App.4th 1534 (2013) (de novo review of summary judgment)
- Andrews v. Mobile Aire Estates, 125 Cal.App.4th 578 (2005) (implied covenant of quiet enjoyment in leases)
- Kendall v. Ernest Pestana, Inc., 40 Cal.3d 488 (1985) (policy favoring alienability of property)
- Lewis Operating Corp. v. Superior Court, 200 Cal.App.4th 940 (2011) (scope of rights protected by §1953 and tenant protections)