Landlord and Tenant Rights and Responsibilities

questions & answers

Question: manager of apartments sent out a newsletter at the beginning of April stating they will be entering all apartments for inspection each Tuesday through the month of April. Is that legal

Answer: I always recommend consulting the Arizona Residential Landlord and Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf Landlord access is controlled by your lease and by A.R.S. 33-1343. That statute provides: 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, the landlord may enter with reasonable notice (of at least 2 days except in the case of an emergency). However, subsection D provides that the landlord "shall not abuse the right to access or use it to harass the tenant." If you are being singled out, or you have reason to believe that the purpose of the weekly inspections is merely harassment, you can arguably refuse to allow entry or seek court intervention. If you were to refuse to allow entry, you should memorialize your position in writing delivered to the landlord by the means set forth in your lease and cite the applicable statute that I've cited here. Please note that I am providing general information based on the very limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best in this and all your endeavors.