Dromy
Dromy v. Lukovsky
Opinion
Opinion
Kitching, J.
INTRODUCTION
Civil Code section 1954, subdivision (b) permits a landlord to enter a dwelling unit to exhibit the premises to prospective or actual purchasers during “normal business hours.” In this case of first impression, we discuss the meaning and scope of the phrase “normal business hours” as it applies to the facts of the pending dispute.
Plaintiff and respondent David Dromy leased a condominium to defendant and appellant Marina Lukovsky. Dromy wishes to sell the property. The trial court issued a declaratory judgment permitting Dromy to hold open houses, under certain conditions, on weekend days between 1:00 p.m. and 4:30 p.m. Lukovsky contends that the declaratory judgment violates section 1954. We reject her arguments and affirm the judgment.
FACTS
Dromy owns a residential condominium in Santa Monica. Under a lease she entered with Dromy’s predecessor in interest, Lukovsky has been a tenant of the property since 1994. The property is subject to the Santa Monica rent control regulatory scheme, which places restrictions on a landlord’s ability to evict a tenant. (Santa Monica City Charter, art. XVIII, § 1806; Santa Monica Rent Control Regs., § 9000 et seq.)