Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Can a landlord abbrubtly, without a written notice, enter my house if I have yet to pay my months rent? I am right now 4 days late from paying.

Answer:

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

§ 33-361. Violation of lease by tenant; right of
landlord to reenter; summary action for recovery
of premises; appeal; lien for unpaid rent;
enforcement

A. When a tenant neglects or refuses to pay rent when
due and in arrears for five days, or when a tenant
violates any provision of the lease, the landlord or
person to whom the rent is due, or the agent of the
landlord or person to whom the rent is due, may
reenter and take possession, or, without formal
demand or reentry, commence an action for recovery
of possession of the premises.
B. The action shall be commenced, conducted and
governed as provided for actions for forcible entry or
detainer and shall be tried not less than five nor more
than thirty days after its commencement. In addition to
determining the right to actual possession, the court
may assess damages, attorney fees and costs
pursuant to section 12-1178.
C. If judgment is given for the plaintiff, the defendant, in
order to perfect an appeal, shall file a bond with the
court in an amount fixed and approved by the court
and payable to the clerk of the superior court,
conditioned that the appellant will prosecute the appeal
to effect and will pay the rental value of the premises
pending the appeal and all damages, attorney fees,
costs and rent adjudged against the appellant.
D. If the tenant refuses or fails to pay rent owing and
due, the landlord shall have a lien upon and may seize
as much personal property of the tenant located on the
premises and not exempted by law as is necessary to
secure payment of the rent. If the rent is not paid and
satisfied within sixty days after seizure as provided for
in this section, the landlord may sell the seized
personal property in the manner provided by section
33-1023.
E. When premises are sublet or the lease is assigned,
the landlord shall have a like lien against the sublessee
or assignee as the landlord has against the tenant and
may enforce it in the same manner.

QUESTIONS

  • Can a landlord abbrubtly, without a written notice, enter my house if I have yet to pay my months rent? I am right now 4 days late from paying.

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