landlord entry without notice.

[Alaska landlord]

Here is a excerpt from a tenancy advocacy group.


Arizona Tenants Advocates & Association
Tenants Library
So you have a lease, or rent on a month-to-month basis. You think it protects you from the landlord entering whenever he wants. The landlord thinks he can enter whenever he wants because he owns the place. Who is right?
Both of you. But never forget the third-party gorilla who implicitly is always looking over your shoulder: the justice of the peace (JP).
In accordance with A.R.S. § 33-1343, a landlord may enter a rental premises for a host of purposes, so long as he gives you two days' advance notice (except when it is impracticable to do so, or for emergencies), and so long as the time of day is reasonable. If you withhold consent, you may well be evicted. Do not confuse two days with 48 hours; a landlord could, for example, on Monday night give you notice of intent to enter Wednesday morning. This would be less than 48 hours, but still meet the two day requirement. Because this is Arizona, and the courts favor landlords, a landlord's notice to intent to access need not be in writing; verbal will suffice.
What is a reasonable time for entry? The Arizona Residential Landlord & Tenant Act does not define this. My thinking is that entry before 8 a.m. and after 7 p.m. is unreasonable. I think it is unreasonable to enter on special holidays, such as Thanksgiving or Christmas Days. Whatever position you opine, make sure it is one that a reasonable person would agree with.
The purposes for which a landlord may enter a rental premises are to:
• Inspect the premises
• Make necessary or agreed repairs, decorations, alterations or improvements
• Supply necessary or agreed services
• Exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors


Arizona Tenants Advocates - Arizona Tenants Association - Arizona Landlord Tenant Act

 

[Who's Liable?]

Here is a excerpt from a tenancy advocacy group.


Arizona Tenants Advocates & Association
Tenants Library
So you have a lease, or rent on a month-to-month basis. You think it protects you from the landlord entering whenever he wants. The landlord thinks he can enter whenever he wants because he owns the place. Who is right?
Both of you. But never forget the third-party gorilla who implicitly is always looking over your shoulder: the justice of the peace (JP).
In accordance with A.R.S. § 33-1343, a landlord may enter a rental premises for a host of purposes, so long as he gives you two days' advance notice (except when it is impracticable to do so, or for emergencies), and so long as the time of day is reasonable. If you withhold consent, you may well be evicted. Do not confuse two days with 48 hours; a landlord could, for example, on Monday night give you notice of intent to enter Wednesday morning. This would be less than 48 hours, but still meet the two day requirement. Because this is Arizona, and the courts favor landlords, a landlord's notice to intent to access need not be in writing; verbal will suffice.
What is a reasonable time for entry? The Arizona Residential Landlord & Tenant Act does not define this. My thinking is that entry before 8 a.m. and after 7 p.m. is unreasonable. I think it is unreasonable to enter on special holidays, such as Thanksgiving or Christmas Days. Whatever position you opine, make sure it is one that a reasonable person would agree with.
The purposes for which a landlord may enter a rental premises are to:
• Inspect the premises
• Make necessary or agreed repairs, decorations, alterations or improvements
• Supply necessary or agreed services
• Exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors


Arizona Tenants Advocates - Arizona Tenants Association - Arizona Landlord Tenant Act

Again, this shows you have NO LEGAL EXPERIENCE... While Ken is a nice guy, and I respect his efforts, HE IS NOT A LAWYER and only retains a lawyer when and if a lawsuit ensues, which he tries to avoid.

Please post the EXACT statute where "verbal notice will suffice".

 

[Alaska landlord]

I did, unfortunately it was above your mental capacity. Ken just agrees with my interpretation.

 

[xxgrzesx]

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

Alaska Landlord read the original posting: "landlord handed me a document that stated he would be making unannounced visits to inspect the condo". Meaning the Landlord will not give him any notice. So he does not have to be nice to landlord, nor he does not have to ask him for a notice. Ignorance of law is not a defense to entry without out notice. Tenant does not have to educate Landlord that he has to provide a notice. He can and should call cops when he shows up. It will be up to the cop to believe whether the oral notice was provided or not. Later up to a judge.

Also, I wrote to check the city rent control laws or ordinances as they might provide him more protection than common law or state law. Nothing about verbal or written notice.

 

[Alaska landlord]

Whatever. OP will soon find out where all this will lead him if he follows your advice. OP does not live in La-LA land. He is not in L.A. Tenants knotty tenants don't last very long anywhere.

 

[xxgrzesx]

Whatever. OP will soon find out where all this will lead him if he follows your advice. OP does not live in La-LA land. He is not in L.A. Tenants knotty tenants don't last very long anywhere.

Slum Landlords do not last long either especially if they are prosecuted.

 

[Alaska landlord]

Define slumlord, because neither I nor OP's LL fit the description. but your advice will cause problems for OP. With a different approach OP can help bring this matter to a close rather than escalating things to the point where the downstairs tenant appears to be vindicated.

 

[Who's Liable?]

I did, unfortunately it was above your mental capacity. Ken just agrees with my interpretation.

Again, your lack of LEGAL KNOWLEDGE shows...

AZ statue 33-1343 DOES NOT MENTION the words: "verbal notice is sufficient", nor does it mention the word "verbal" at all!

It DOES however state: "the landlord shall give the tenant at least two days' notice of the landlord's intent to enter"

Comprehend my friend...

 

[Alaska landlord]

Oh, I get it! The word "WRITTEN" is in there somewhere, just not seeing it I guess.

 

[Who's Liable?]

Oh, I get it! The word "WRITTEN" is in there somewhere, just not seeing it I guess.

Verbal was? I guess I wasn't seeing it, and you were...

The ACTUAL statute you are looking for, but somehow could not find is 33-1313(B) and NOT 33-1313(A) as you posted earlier.

Had you READ the entire statue, you would see CLEARLY how it is typed out. I'll save you the hard work and thinking by posting the relevant part for you.

"...in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence."

Again, I ask you to post the ACTUAL statute that specifically states VERBAL notice is sufficient...

 

[Alaska landlord]

IRRELEVENT, OUT OF CONTEXT.
"...in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence."

ž 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. 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.
D. 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 the landlord's intent to enter and enter only at
reasonable times.
E. The landlord has no other right of access except by
court order and as permitted by sections 33-1369 and
33-1370, or if the tenant has abandoned or
surrendered the premises



33-1376. Landlord and tenant remedies for
abuse of access
A. If the tenant refuses to allow lawful access, the
landlord may obtain injunctive relief to compel access,
or terminate the rental agreement. In either case, the
landlord may recover actual damages.

 

[Number21]

Define slumlord, because neither I nor OP's LL fit the description.

Isn't that your picture that pops up if I type that into google?

 

[Who's Liable?]

IRRELEVENT, OUT OF CONTEXT.
"...in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence."

Really? Than why is the title of the statute labeled "Notice"?

ž 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. 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.
D. 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 the landlord's intent to enter and enter only at
reasonable times.
E. The landlord has no other right of access except by
court order and as permitted by sections 33-1369 and
33-1370, or if the tenant has abandoned or
surrendered the premises



33-1376. Landlord and tenant remedies for
abuse of access
A. If the tenant refuses to allow lawful access, the
landlord may obtain injunctive relief to compel access,
or terminate the rental agreement. In either case, the
landlord may recover actual damages.

While I'm glad you are able to cut and paste, these statutes don't answer the OPs questions which is:

Must a LL provide NOTICE to enter the unit.