Last Updated on October 21, 2023 by Kelvin Nielsen
Can a landlord enter without permission in Arizona? – This is an all too common question among tenants. Read on to learn more!
The Arizona Residential Landlord & Tenant Act (ARLTA) guarantees tenants the right to peace and quiet enjoyment. Among other things, it means that your landlord cannot barge in announced. (Here are other things a landlord cannot do in Arizona).
Whether entering to make a repair, do an inspection, deliver an essential service, or even show the unit to prospective tenants or buyers, your landlord must have your consent first. Some exemptions do exist, however!
The following are answers to commonly asked questions regarding landlord entry in Arizona.
Can a landlord enter your apartment without permission in Arizona?
Yes! In case of an emergency, your landlord doesn’t have to notify you beforehand. The following are a few examples of such scenarios.
- A fire outbreak.
- A gas leak.
- Severe water damage.
- In case of severe weather conditions.
- If the landlord has a reason to believe that you have abandoned the premises.
- If there is a serious health or safety hazard on the property.
Your landlord may also be able to enter your Arizona home without permission in other situations, as well. For instance, if the landlord has a court order allowing them to enter your rented premises.
How much notice does a landlord need to give to enter a property in Arizona?
Under ordinary conditions, however, your landlord must notify you beforehand. Arizona requires that landlords provide tenants a 2 days’ advance notice prior to entry. The landlord may need to enter the property to do any of the following responsibilities.
- Inspect the premises. Landlords usually conduct four types of inspections during a lease term. That is, move-in inspection, seasonal inspection, drive-by inspection, and move-out inspection.
- Make a requested or needed repair.
- Show the property to a prospective tenant or buyer.
- Provide necessary or agreed services, like changing locks or delivering mail.
- To respond to an emergency. (The landlord doesn’t have to provide any advance notice prior to entry).
What is a notice of intent to enter premises in Arizona?
A notice of intent to enter premises in Arizona is a document that landlords must provide tenants prior to entry. The notice must be in writing and 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 tenant’s right to refuse entry.
The landlord must notify you at least 2 days in advance. Below is an example of a notice of intent to enter a rental property in Arizona.
Can a tenant refuse entry to a landlord in Arizona?
Yes! As a tenant, you have a right to refuse entry by the landlord under certain situations. The following are a few examples.
- If the landlord does not give proper notice. You have a right to a 2 days’ advance notice prior to landlord entry, except in cases of emergencies or a situation where the landlord has a court order.
- If the entry is for illegal reasons. The Arizona Residential Landlord & Tenancy Act specifies the legitimate reasons for landlord entry. Which include: inspecting the property, making repairs, making improvements, responding to emergencies, and showing the property to prospective tenants or buyers.
- If the entry is during an unreasonable time. You must only enter the property during reasonable hours. As a general rule of thumb, this is interpreted to be between 8 am and 6 pm, Monday through Friday. For any other time, the landlord must seek the tenant’s consent.
- If the landlord is entering in an unreasonable manner. The landlord must not, for instance, cause damage to your property or disturb your peace.
With that in mind, please note, however, that you cannot unreasonably refuse entry by the landlord. If you do, the landlord may be able to take legal action against you.
Where can a tenant report a landlord for illegal entry in Arizona?
If the landlord repeatedly violates the landlord entry rules, the following are some of the actions you can take.
- You can ask the landlord to leave immediately. If the landlord refuses to do so, you can call law enforcement.
- You can file a complaint with the Arizona Department of Housing (ADOH). The state agency will investigate the complaint and take the necessary action against the landlord.
- You can sue the landlord for damages if the illegal entry caused you any financial loss or emotional distress.
- You can break the lease without penalty.
So, can a landlord enter without permission in Arizona? If responding to an emergency or having a court order to access the property, then yes! However, in all other situations, the landlord must seek the tenant’s permission.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.