questions & answers

Question: Can the apartment management come in to my apartment and take photographs? I refused but they did it anyway, I asked him to leave and he ignored me. The photos included my entire kitchen, my pantry that I purchased and it has glass doors (not part of the apartment, a stand alone cabinet) and my bathroom. We had recent repairs but he didn't take photos in the areas repaired and refused to answer why. My personal belongings were in the photo. The apartment was very clean, nothing Out of compliance but I feel my rights were violated.

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a landlord must always obtain the permission (or “consent”) of a tenant in order to enter that tenant’s dwelling unit, except in the case of an emergency (A.R.S. 33-1343(C)). Except in the case of an emergency, or if it is impracticable to do so, the landlord must give the tenant at least two days’ written notice of the landlord’s intent to enter the dwelling unit and the landlord may do so only at reasonable times (A.R.S. 33-1343(D)). Under Arizona law, once the tenant has received this notice, and at least two days have passed, the tenant may 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” (A.R.S. 33-1343(A)). “If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner,” then the tenant may go to court to “obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement” and, in either case, “recover actual damages not less than an amount equal to one month’s rent” (A.R.S. 33-1376(B)).