Jan 22, 2015

48 Hour Notice to Enter Rental Property

As an Arizona landlord you have the legal right to periodically enter your property. The law doesn't place limitations on why you want to enter the property. However, it is not a right without limitations and should not be used as a form of harassment or intimidation.

Proper Notice

A.R.S. § 33-1343(D) states in part that, “the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times.” Although the law does not specify that the notice must be written (as opposed to verbal), it is a good idea to post written notice of intent to enter, or send via mail, so that you as a landlord have proof that you followed the proper procedure.

A.R.S. § 33-1343(A) states in part that “the tenant shall 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…” or show the property to potential buyers. If the tenant won’t allow you to enter the property, it is grounds for eviction.

Emergencies

Per, A.R.S. § 33-1343(C) the landlord may enter the dwelling unit without consent of the tenant in case of emergency. So, for example, if you see smoke billowing out of the windows you don’t have to wait for permission to enter and extinguish the fire.

Landlord Harassment

Don’t use the ability to enter the property as a way of harassing or intimidating a tenant. According to A.R.S. § 33-1343(D) “the landlord shall not abuse the right to access or use it to harass the tenant.” One of the most common defenses a tenant brings up in court is that their landlord was harassing them. Avoid anything that even resembles harassment so your tenant can’t use that as a defense if you end up having to evict them.