questions & answers

Question: The landlord was contacted regarding a mouse problem a few weeks ago. Prior to this, there had been no problems with the landlord. The landlord let an exterminator in to the apartment when no one was home with permission. After this, the landlord stated that the apartment was a health hazard because of clutter & cat small & it had to be fixed. Landlord contacted Housing assistance & complained. They said it had to be corrected. The apartment was cleaned, the majority of belongings were thrown away, & everything was tidy, still not good. 8 tenants when moved in, now 2. What recourse?

Answer: Section 33-1343 of the Arizona Residential Landlord and Tenant Act says the following: 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 ... 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. Section 33- 1376 of the Arizona Residential Landlord and Tenant Act says the following: B. If the landlord makes an unlawful entry ... the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month’s rent.