questions & answers

Question: Can a landlord, as part of the lease, require the tenant to agree to only require 12 hours entry notice? Our new lease includes a provision that acknowledges the appropriate section of the ARS, but does not mention the 'two days' requirement. Quoted here... "Tenant agrees that Landlord, its agents and contractors, shall have the right to enter into the leased premises, or any portion thereof, upon twelve (12) hours oral or written notice to Tenant, for the purpose of inspecting the same or performing such repairs or maintenance as the Landlord deems reasonably necessary.

Answer: The Arizona Residential Landlord and Tenant Act (ARLTA) states that, “except in case of emergency or if it is impracticable to do so,” the landlord must provide the tenant with “at least two days’ notice” before accessing the dwelling “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). It is difficult to say how a judge would respond if a tenant were to freely agree in writing to a 12-hour access notice period then sue the landlord for breach of the ARLTA if the landlord acted upon that agreement. You may wish to speak with the landlord directly about the statutory 48-hour access notice period now, and confirm whatever is said in writing, before it potentially comes up in the future.