Arizona landlords have the legal right to periodically enter their property. The law does not place limitations on why landlords want to enter the property. However, entering a rental property is a right with limitations and should not be used as a form of harassment or intimidation.

Proper Notice to Tenant

A.R.S. § 33-1343(D) states 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 notspecify 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) a landlord may enter the dwelling unit without consent of the tenant in case of emergency. So, for example, if there is smoke billowing out of the windows or water is pouring out from under the doors, a landlord does not have to provide a 48-hour notice before entering.

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.
Conclusion
Landlords, don’t enter without giving the tenants a 48-hour written notice of your intent to enter! Tenants, don’t unreasonably deny your landlord access to their property!.

If you have questions regarding a 48 hour notices to enter rental properties then call Arizona attorney Clint Dunaway at: cdunaway@davismiles.com or call: 480-344-4035.