Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I get a news letter the first of the month stating maintenance day is 1/21/15. Is that legal notice. They come in twice that day. Once to change the a/c filter, check smoke alarm and look for drippy faucets. They come back to do monthly pest control. It is anywhere from 8 to 5. Lately they have even looked in the refrigerator during this inspection.

Answer: The applicable statute found in the Arizona Residential Landlord Tenant Act is here:

33-1343. Access
A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.
B. If the tenant notifies the landlord of a service request or a request for maintenance as prescribed in section 33-1341, paragraph 8, the notice from the tenant constitutes permission from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section for the sole purpose of acting on the service or maintenance request and the tenant waives receipt of any separate or additional access notice that may be required pursuant to subsection D of this section.
C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
D. The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of the landlord's intent to enter and enter only at reasonable times.
E. The landlord has no other right of access except by court order and as permitted by sections 33-1369 and 33-1370, or if the tenant has abandoned or surrendered the premises.

In short, if at least two days notice is given, entry is at reasonable times, and it is not being used to harass, such entry is legal.  I recommend you consult the Arizona Residential Landlord Tenant Act found here:

http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf

Comments:

QUESTIONS

  • I get a news letter the first of the month stating maintenance day is 1/21/15. Is that legal notice. They come in twice that day. Once to change the a/c filter, check smoke alarm and look for drippy faucets. They come back to do monthly pest control. It is anywhere from 8 to 5. Lately they have even looked in the refrigerator during this inspection.

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