questions & answers

Question: My landlord entered the property thorough a window and began to move my things out because I failed to pay rent. Without my consent he took a house key while he was inside the property and used it to re-gain access while i was at work. He Showed up to my work ordering me to leave work and move my stuff out, endless phone calls at all hours to my 13 yr old sons phone and so on. On 8/16 I came home to find a 5 day notice dated 8/15 taped to the front door, today I received a copy via cert mail. Do the 5 days begin when the notice was taped to my door or today when received the cert mail?

Answer: 1. As to the question of when the five days begin: Under A.R.S. 33-1368(B), a tenant who has not paid their rent may be given a written notice by the landlord stating the landlord’s intention to terminate the rental agreement by seeking the tenant’s eviction if the tenant fails to pay all rent owed plus applicable late fees within five days after receiving the notice. The statute does not require that the notice be delivered by certified mail. Certified mail is merely a means by which a landlord may ensure that the tenant receives the notice. So the five days begin the day after “receipt of the notice” by the tenant, regardless of how the notice was delivered. 2. As to the issue of a landlord entering into a tenant’s unit without the tenant’s permission: Any such action is unlawful. Under A.R.S. 33-1314, a landlord may enter a tenant’s unit without the consent of the tenant only “in case of emergency.” A landlord who wishes to enter a tenant’s unit for any other legitimate reason – “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” – must give the tenant “at least two days notice” and “enter only at reasonable times.” Under A.R.S. 33-1376, “if the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant,” then the tenant may sue the landlord for “actual damages not less than an amount equal to one month’s rent.” 3. As to the issue of a landlord removing a tenant’s belongings from the tenant’s unit before a court has ordered the tenant’s eviction: Any such action is unlawful. Under A.R.S. 33-1367, “if the landlord unlawfully removes or excludes the tenant from the premises,” then the tenant may sue the landlord for “an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater.” If you would like to speak with an attorney, there are links to free or low-cost legal services on this website, and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.