Question: Must my tenants be present when I conduct the move-out walk-thru even if I feel threatened by them? They are bigger than I and our last conversation consisted of them yelling, using foul language towards me, hanging up, calling me back to continue to be verbally abusive and I heard slamming in the background.
Answer:
If you feel you are in danger call the police or 911.
That being said, according to the Arizona Residential Landlord Tenant Act, [specifically, ARS § 33-1321(C)]:
"...upon move in a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. Upon request by the tenant, the landlord shall notify the tenant when the landlord's move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant."
Make sure you read this section carefully.
June 20, 2008
Legal Services Corporation