landlord entry without notice.

[BARNESSF]

What is the name of your state az

What is the name of your state? Arizona

Short explanation of situation. I moved into a condo with a 1 year lease. In the lease agreement I as a tenant agreed not to smoke inside the condo at any time. I only smoke on the patio outside and have not smoked in the condo.

The person who lives in the condo below me has just recently started complaining to my landlord that she smells smoke in her condo and its coming from me. I have went as far as to invite her into my house to see if she can smell smoke in my place. She calls and complains several times a day to me and also my landlord to the point where we are all getting annoyed. I offered to stop smoking on the patio and smoke away from the condo but she still somehow thinks I am smoking inside... I think she is a little crazy, I left for the evening and was away all night.. and she complained knowing that I was not there... She told my landlord that someone else is staying here, that she heard people walking around in my condo...

So when I went to pay my rent yesterday my landlord handed me a document that stated he would be making unannounced visits to inspect the condo to determine if I was smoking inside and if there were others living here besides myself...

I dont like the idea of this guy coming over whenever he likes and without any notice in advance. i have been a good tenant for the 6 months i have lived here. I have not broke or damaged anything and have fixed things that were not working correctly with his consent and approval. i have paid my rent every month on time and in full.

Should I just terminate the lease agreement and if so under what terms without being responsible for the remainder of the the lease. How should I handle this situation? I would show him the unit and be totally fine with his inspections but I dont want to live here if he is gonna just pop in at anytime... that really concerns me and makes me feel like I am living in a prison...

 

[Alaska landlord]

Arizona landlord tenant act is landlord friendly. I few days back someone had a similar case. My understanding is that a landlord must give you a two day notice and enter during reasonable times during the day.

 

[Cvillecpm]

Your smoking OUTSIDE is what she is smelling.....stop smoking ENTIRELY, smoke away from the condo building or ask out of your lease.

 

[xxgrzesx]

If he comes in and knocks, do not open the door. Then if he opens the door and enters call police and report breaking and entry, and trespassing. Not only he has to give you a notice (In Los Angeles it must be written notice provided 24hours in advance), but he has to have some good reason to enter. Otherwise this is harassment and interference of covenant of quiet enjoyment. If you are not at home you can use your computer camera to record your entry door. You can set it to detect motion, so it will only record if the door opens. If he comes in when you are not there you can take it to police and press charges.

As to smoking, if it enters the other apartment, it is considered nuisance. Especially now when it is linked to cancer. If you smoke on patio and it is close to her windows, it will enter her apartment.

 

[Who's Liable?]

If he comes in and knocks, do not open the door. Then if he opens the door and enters call police and report breaking and entry, and trespassing.

Correct, OP can call police and report, LL can explain to the police what he is doing there.

Not only he has to give you a notice (In Los Angeles it must be written notice provided 24hours in advance),

AZ required 2 days notice, FOR EACH REQUEST. Sending the letter CRR in AZ deems the letter received by the tenant regardless of signature on the fifth day after it is sent.

... but he has to have some good reason to enter.

Incorrect... LL can provide notice to inspect for any reason, however if they are deemed harassing, tenant can sue LL for abuse of entry(§ 33-1343. Access(D)) This is generally decided by a judge though.

OP should send a letter CRR to LL stating they require a MINIMUM 2-days notice to entry PER REQUEST as outline per AZ LL/T laws. Failure to do so will result in documentation of each infraction and possible legal action. OP should also mention managment personal found in the apartment without proper notice will automatically be reported to the police as a suspect in a possible illegal breaking and entry.

 

[BARNESSF]

I AGREED NOT TO SMOKE INSIDE... i AM ALLOWED TO SMOKE ON MY PATIO... BUT TO BE NICE AND RESOLVE THE ISSUE I HAVE BEEN GOING OUTSIDE AND AWAY FROM THE CONDO TO SMOKE...THE PROBLEM IS THE LADY WHO COMPLAINED.. SHE IS 100% CONVINCED I SMOKE INSIDE THE HOUSE... EVEN WHEN I AM AT WORK SHE SMELLS SMOKE IN HER UNIT... AND HEARS PEOPLE WALKING AROUND IN MY CONDO... SO O ALL HER CALLS TO MY LANDLORD MADE HIM START TO BELIEVE HER STORY I GUESS... I LET THE LANDLORD COME IN AND SNIFF AROUND AND HE SAID HE DID NOT SMELL ANY SMOKE.. SAID IT WAS CLEAN AND SMELLED GOOD IN THE HOUSE... THEN SHE TOLD HIM LATER THAT DAY I WAS CLEANING AND RUNNING SWEEPER ALL MORNING BEFORE HE GOT THERE.... OF COURSE I MADE IT CLEAN... BUT YOU CANT CLEAN UP THE SMELL OF SMOKE ... SMOKE STAYS AND SMELLS UP EVERYTHING AND DOES NOT GO AWAY WITH A HOURS WORTH OF CLEANING.... aNYWAYS I AM JUST GONNA STOP SMOKING... ITS NOT HELPING ME ANY TO SMOKE... BUT IF HE COMES OVER TO SEE IF ANYONE ELSE IS STAYING HERE I AM GONNA BE PISSED...

 

[xxgrzesx]

In many buildings vents from apartments are interconnected. So it is possible that someone else smokes in their kitchen or bathroom and the smoke ends up in her apartment. Since she saw you smoking, she blames it on you. Quitting smoking would be beneficial for your health, but it will not solve a problem if the smoke gets there from other condominium. If landlord entered my apartment I would not let it go easily. This way you will show him that he can walk over you and you will not do anything. Ignorance of law is not an excuse, so if he entered my apartment I would call cops immediately.

As to your neighbor, I do not know exactly what is she doing to you. I guess if she stops you frequently in a hallway and talks about it especially in arrogant way, you can call cops and file a police report for harassment. Than if you have couple of them, you can go to court and file for restraining order. Than if she does it again, you can call cops and they will arrest her for violation of Restraining Order. I do not know if you want to go that far. Whatever you do, do not approach her as if she is "mad" on you, she might call cops on you.

 

[Alaska landlord]

What the Three Amigos have failed to take into effect is that in Arizona, the notification of intent to enter does not have to be given in writing. Your LL can give you verbal notice 2 days ahead of time. Not to be confused with 48 hrs prior to entry. If you deny entry, then you can be subject to eviction.
My suggestion is to be polite and ask not demand that he give you proper notice.

 

[Who's Liable?]

What the Three Amigos have failed to take into effect is that in Arizona, the notification of intent to enter does not have to be given in writing. Your LL can give you verbal notice 2 days ahead of time. Not to be confused with 48 hrs prior to entry. If you deny entry, then you can be subject to eviction.
My suggestion is to be polite and ask not demand that he give you proper
notice.

Which of course verbal notices are worth the paper they are written on...

The ONLY guarantee a LL can PROVE notice was given is by CRR...

 

[Alaska landlord]

33-1313. Notice
A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual knowledge of it.

-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. If the tenant notifies the landlord of a service request or a request for maintenance as prescribed in section 33-1341, paragraph 8, the notice from the tenant constitutes permission from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section for the sole purpose of acting on the service or maintenance request.
C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

 

[Cvillecpm]

The ONLY guarantee a LL can PROVE notice was given is by CRR...

INCORRECT & OLD SCHOOL * USPS delivery confirmation provides PROOF of delivery and no one has to sign!!!

 

[JETX]

I dont like the idea of this guy coming over whenever he likes and without any notice in advance. i have been a good tenant for the 6 months i have lived here. I have not broke or damaged anything and have fixed things that were not working correctly with his consent and approval. i have paid my rent every month on time and in full.

Should I just terminate the lease agreement and if so under what terms without being responsible for the remainder of the the lease. How should I handle this situation? I would show him the unit and be totally fine with his inspections but I dont want to live here if he is gonna just pop in at anytime... that really concerns me and makes me feel like I am living in a prison...

First thing you need to do is to IGNORE 'alaska-I-don't-know' and 'C-Pill'. Neither of them are attorneys, they have NO legal education and NO legal experience.

So, with them out of the way... I could write a long dissertation on landlord access in Arizona... or simply provide you with a web-link that answers all of your questions. Here it is:
Arizona Tenants Advocates - Arizona Tenants Association - Arizona Landlord Tenant Act

And if you want to look up the specific statutes referenced in the above link, go to: Arizona Revised Statutes

 

[xxgrzesx]

If you live in a large city ie, Phoenix, I am sure they have more specific ordinances regulating Landlord Tenant issues. I would not rely on the broad state law, if city ordinance might have more specific regulations of the issue. Alaska Landlord writes "My suggestion is to be polite and ask not demand that he give you proper notice." First of all he is a biased landlord. Secondly, I do not think he would be so nice if someone entered his home without notice or permission.
If landlord enters your apartment just call cops, and leave the rest to them. You do not have to explain him what the law is, if he is the landlord he should know and follow local laws.

 

[TinkerBelleLuvr]

I would have that security camera aimed right at that door, with the filming being kept off premise.

Does two things - shows whether there is lawful entry, or not. Provides proof that there isn't anyone there either since, well, they eventually would show up on that film, no?

I'm agreeing with a prior poster who thinks the ductwork may be connected in some fashion. I am HIGHLY suseptible to problems due to cigarette smoke and can detect it in places that others don't. What I have found is that there is connected ductwork in each case.

 

[Alaska landlord]

If you live in a large city ie, Phoenix, I am sure they have more specific ordinances regulating Landlord Tenant issues. I would not rely on the broad state law, if city ordinance might have more specific regulations of the issue. Alaska Landlord writes "My suggestion is to be polite and ask not demand that he give you proper notice." First of all he is a biased landlord. Secondly, I do not think he would be so nice if someone entered his home without notice or permission.
If landlord enters your apartment just call cops, and leave the rest to them. You do not have to explain him what the law is, if he is the landlord he should know and follow local laws.

What part of the landlord right to access upon notification be it verbal or written do you not understand?