questions & answers

Question: My lease specifically states landlord can do an annual inspection. She has requested an inspection every month for the past 3months. She also wants to come in the middle of the day when I work. She is just looking for a way to get her house back. I've given in to her inspections the past months. Now I'm done with it. I can't keep leaving work because she wants to abuse her landlord rights. Can I refuse her this time since she's abusing and my lease states annual inspection? I need help fast! I told her I couldn't be home and she insists she's coming anyway. Thank you!

Answer: The Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10) expressly states that a “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” (A.R.S. 33-1343(D)). A landlord may request entry into a dwelling unit for any the following purposes: “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” (A.R.S. 33-1343(A)). However, if a landlord abuses this right to enter, then the tenant may sue the landlord: “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, 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” (A.R.S. 33-1376(B)). A tenant who is being harassed by a landlord may wish to remind the landlord of the landlord’s legal responsibility to request to enter the dwelling unit only when truly necessary.