questions & answers

Question: When entering my apartment, does the landlord/mgr have to specify a date when they will enter or can they just say they will be in the week of, and come in anytime that week or month? I have a service dog and do not want anyone entering without my presence, but I cannot always be home 24/7 as they dont specify a date, which makes no sense to me as they could just say they are coming in sometime in 2018?? Please advise asap as they have not even given me a notice much less date and expect to come in within 3 days.

Answer: The Arizona Residential Landlord and Tenant Act states that “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)). 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)). If the tenant denies a legitimate request by the landlord, then the landlord may sue the tenant: “If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages” (A.R.S. 33-1376(A)).