When can a landlord lawfully enter a rental unit in Arizona, and what steps must be taken before entry? The short answer is that landlords can enter at reasonable times and for legitimate reasons authorized by Arizona law. Advance notice of 2 days is required unless the circumstances present an emergency. In emergency situations, the landlord can enter without first notifying the tenant. A misuse of the right of entry exposes the landlord to liability under Arizona law.
Allowable Reasons to Enter Rental Unit
A landlord can enter a tenant’s dwelling for the following reasons:
- Inspections
- Improvements
- Maintenance
- Property Showings
- Emergencies
The tenant does not need to be present at the time of entry.
Notice Requirement
A landlord must give two days’ notice to enter the rental unit, unless there is an emergency (e.g. a fire or gas leak) or if it is “impracticable” to do so. In those instances a landlord can immediately enter the rental unit.
A notice of intent to enter premises in Arizona should include the following information.
Their name and contact details.
Your name and contact details.
The intended day and time of entry.
The reason for landlord entry.
The notice should be posted on the tenant’s door or sent via registered mail with proof that notice was given.
Reasonableness Requirement
Arizona law does not specify any limits on how often a landlord can enter for inspections. Landlords can’t enter unreasonably often, but what’s reasonable is decided case by case. You must only enter the property during reasonable hours. As a rule of thumb, this is interpreted to be between 8 am and 6 pm, Monday through Friday.
Tenant Cannot Refuse Lawful Entry Request
Arizona tenants can refuse entry to a landlord for the following reasons:
- The request isn’t for a legally required reason
- There are less than 2 days of notice and the matter is not an emergency
- The requested entry isn’t at a reasonable time of day.
A tenant cannot unreasonably withhold consent to a lawful entry request. If the tenant won’t allow you to enter the property, it is grounds for eviction. In addition, you can recover any actual damages sustained because of the wrongful refusal to allow entry.
Legal Consequences of Unlawful Entry
If the landlord unlawfully enters a rental unit 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.
If you are an Arizona landlord and have questions regarding the above, please contact Lynx Legal at 888-441-2355 or [email protected]. You may also schedule a telephonic consultation on our website to discuss your specific eviction issues. Our experienced professionals are standing by to assist in any way we can.