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Came home and found the following notice on the door: (As well as the
doors of all other apartments.)
ARS=Arizona Revised Statutes
Please be advised that pursuant to ARS Section 33-1343, landlord or
his agents shall enter into the dwelling unit to inspect the premises
on the 20th day of Feb 2004 between 9 to 5. You have no right to
unreasonably detain landlord or his agent from entering the selling
unit on the date and time listed above. If you do, you will be
subject to commencement of court action.
A tenant was recently evicted who trashed their apartment. So now
they wish to "inspect" all apartments.
I have a pet (in the lease agreement) and do not wish it to escape. I
am willing to set a time for them to come in on Friday and "inspect"
if they wish. But I want to be present and will not be available all
day (have to work). Am I being unreasonable under the terms of the
law be making this request? It is my contention that by allowing a
window of 9 to 5, the landlord is not being reasonable and that they
are abusing this right.
ARS is Arizona Revised Statutes
Text of law below:
33-1343. Access
A. 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,
supply necessary or agreed services or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen or
contractors.
B. The landlord may enter the dwelling unit without consent of the
tenant in case of emergency.
C. The landlord shall not abuse the right to access or use it to
harass the tenant. 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 his intent to enter and enter only at reasonable
times.
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ahinsptr31@hotmail.com wrote:
Came home and found the following notice on the door: (As well as the
doors of all other apartments.)
That is the correct procedure. If there is some reason why you can not allow
them to enter that day, then you must make other arrangements. But this does
not give them the right to barge in while you are in the apartment.
Once that's been done, change the locks and do not give them a copy.
The landlord is figuring on his tenants to believe that the statement given
is in accordance with the law.
When in fact, as you have shown the law to be otherwise, he is wrong.
I would suggest you print a copy of that law and give a copy to each tenant.
His threats of legal action are hot air.
He's using the words to bolster his "right to enter".
When in fact, the law says he can do so only with your permission, your
consent, or in the case of emergency.
Nice try buddy landlord. You'd make a good poker player.
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Came home and found the following notice on the door: (As well as the
doors of all other apartments.)
ARS=Arizona Revised Statutes
Please be advised that pursuant to ARS Section 33-1343, landlord or
his agents shall enter into the dwelling unit to inspect the premises
on the 20th day of Feb 2004 between 9 to 5. You have no right to
unreasonably detain landlord or his agent from entering the selling
unit on the date and time listed above. If you do, you will be
subject to commencement of court action.
A tenant was recently evicted who trashed their apartment. So now
they wish to "inspect" all apartments.
I have a pet (in the lease agreement) and do not wish it to escape. I
am willing to set a time for them to come in on Friday and "inspect"
if they wish. But I want to be present and will not be available all
day (have to work). Am I being unreasonable under the terms of the
law be making this request? It is my contention that by allowing a
window of 9 to 5, the landlord is not being reasonable and that they
are abusing this right.
You are Absolutely Correct...
The Key Concept in play here is "Reasonableness"...
"Reasonable" is NOT whatever One Party [Landlords Included] decide it
is...
It is NOT "Reasonable" for a Landlord to inform Tenants that he will
invoke his Contract or Statutory Privilege to "inspect" his Property
[whether or not You are present] at any of the 8 Hours falling between 9am
and 5pm... The Relevent Statute you cite Does NOT Allow him to do so NOR
does it Prohibit You from refusing him, his Agents, or others under his
Control and Direction from entering at an Arbitrary Time Inconvenient to
You...
The Landlord MUST "Have a Meeting of The Minds" with Tenants to come to a
Mutually Agreed Upon "Reasonble Time" for the Proposed Inspection...
ALSO... If at any time during the Inspection, you feel that
Landlords/Agents are Acting Unreasonably that is, "Inspecting Your
Refrigerator... Bathroom Medicine Cabinet... Bedroom Closet"... you have The
Right to TERMINATE Your Grant of Permission to Enter & Inspect and Require
All To Leave, employing Reasonable Force if necessary, to Remove the Now
Trespassing Persons from your Dwelling and Regain Quiet Enjoyment of Said
Premises...
ARS is Arizona Revised Statutes
Text of law below:
33-1343. Access
A. The tenant shall not ->unreasonably<- (My Emphasis) 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 agr eed services or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen or
contractors.
B. The landlord may enter the dwelling unit ->without consent<- (My
Emphasis) of the
tenant [ONLY] in case of emergency.(My Emphasis)
C. The landlord shall not abuse the right to access or use it to
harass the tenant. [And Here is Where Your Landlord gets his Tit
Inextricably In a Wringer w/ his Proposed Inspection] 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 his intent to enter and enter only at reasonable
times.
Bottom Line: IMMEDIATELY Inform Your Landlord IN WRITING that his
Proposed Hours of Inspection are UNREASONABLE and that you Formally Deny him
permission to Enter at his Proposed Time and that he is Now Required to
*Consult With You* in order to arrive at a *Mutually Agreeable time for
Inspection*... Depending on the DICK Factor that he/she displays, you may
want to inform him/her that Any Such Entry Over Your Formal Denial is
Criminal Trespass, Constructive Eviction, Negligence, Abuse Of Process,
Outrageous Conduct, Intentional Infliction of Emotional Distress, Ad
Nauseam...
Naughtius "KEILL Muh Lanlord... KEILL Muh Lanlord..." Maximus
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Very well put.
Screw the landlord and his idle threats.
Don't you just love this ignorant landlords who use the very laws that say
they can't do it, to make idle threats with their tenants?
If I had my way, every landlord in the country would be required to pass a
licensing exam like real estate agents do.
That way, the state would be ensured the idiot knows the laws and what he
can and can not do.
Here in wisconsin, as I live in a mobile home park, my former landlord told
me they had a 15 day eviction notice policy.
This landlord says 5 days.
And both said it's perfectly legal.
Wrong!
I looked up the state law and it says that if you rent by the month, the
eviction notice must be given with 28 days leeway.
That's why the judges automatically give a 30 day notice.
The 5 day thing comes from the maximum allowable time a notice must be
mailed to the tenant.
As they say, ignorance of the law is no excuse.
Landlords included.
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Richard wrote:
Very well put.
Screw the landlord and his idle threats.
Don't you just love this ignorant landlords who use the very laws
that say they can't do it, to make idle threats with their tenants?
If I had my way, every landlord in the country would be required to
pass a licensing exam like real estate agents do.
That way, the state would be ensured the idiot knows the laws and
what he can and can not do.
Too bad they didn't have licensing tests for your parents
before they were allowed to procreate ....
Here in wisconsin, as I live in a mobile home park,
Why is that not surprising ...?
my former
landlord told me they had a 15 day eviction notice policy.
This landlord says 5 days.
And both said it's perfectly legal.
Wrong!
I looked up the state law and it says that if you rent by the month,
the eviction notice must be given with 28 days leeway.
That's why the judges automatically give a 30 day notice.
The 5 day thing comes from the maximum allowable time a notice must be
mailed to the tenant.
As they say, ignorance of the law is no excuse.
Landlords included.
And where are you going to move with that run-down trailer
in 30 days ... since no one will have such an old rig?
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In reference to item C & your letter to d landlord:
copy:
All tennants
Building owner
local or state agency on tennants Rights for this event & have them
start a file for later action. Some need PAPERWORK to get the help
needed done.
Even have a 3rd party hand deliver your letter to the land lord & the
letter covers the pet protection issue as well. Include in the letter
noncooperation with your letter & or escape of pet, damage to
orderliness of YOUR HOME
will be handeled as evidence of damages due.
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