| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Arizona?
In Arizona, a landlord has the right to enter a rental property for the following reasons:
- Inspecting the property.
- Improvements (including decorations).
- Maintenance and repairs.
- Showing the property to potential renters and buyers
- Emergencies.
Can a Landlord Enter Without Permission in Arizona?
Arizona landlords can’t usually enter a rental property legally without getting the renter’s permission, outside of emergencies. If the renter has submitted a repair request, that’s also legal permission for the landlord to enter and do repairs.
Can a Landlord Enter Without the Tenant Present in Arizona?
Arizona landlords can legally enter a rental property without the tenant present.
Can a Landlord Show a House While Occupied in Arizona?
Arizona landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Arizona?
Arizona landlords have no specific limit on how often they can enter for inspections. Landlords can’t enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Arizona?
Arizona landlords must provide two days of advance notice before entering, unless there’s an emergency or there’s another provable reason why it’s not practically possible. The renter is also considered to be on notice of a future entry after submitting a repair request.
Can a Landlord Enter Without Notice in Arizona?
Arizona landlords can’t enter without notice unless there’s an emergency or another provable reason why it’s not practically possible to give notice. The renter is also considered to be on notice of a future entry after submitting a repair request.
How Can Landlords Notify Tenants of an Intention To Enter in Arizona?
Arizona landlords can notify tenants verbally or in writing about an intention to enter. Tenants submitting a repair request are also considered to be on notice of the landlord’s intention to enter.
Can a Tenant Refuse Entry to a Landlord in Arizona?
Arizona tenants can refuse entry to a landlord for the following reasons:
- The request isn’t for a legally required reason (e.g., not for inspection/repairs/etc.).
- There are less than 2 days of notice.
- The entry isn’t at a reasonable time of day.
A tenant can’t unreasonably refuse entry to a landlord in Arizona in emergency situations, or when the landlord gives proper notice and enters at a reasonable time of day, for:
- Inspections.
- Agreed or necessary maintenance, decoration, alteration, or improvements.
- Showing the property.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Arizona?
If Arizona tenants illegally refuse entry, the landlord can do any of the following:
- Get a court order to force access.
- Cancel the rental agreement.
- Recover attorney fees from the tenant.
- Recover cost of any actual damages.
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Can a Tenant Change the Locks Without Permission in Arizona?
Arizona tenants can change locks without the landlord’s permission unless the lease forbids it. They can also make the landlord rekey (at the tenant’s expense) when the tenant has experienced domestic or sexual assault. Landlords always have particular rights to enter, so tenants should provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Arizona?
If a landlord enters illegally in Arizona, a tenant can do any of the following:
- Get a court order to ban further abusive entries.
- Cancel the rental agreement.
- Recover attorney fees from the landlord.
- Recover cost of any actual damages (minimum one month’s rent).
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Sources
- 1 Ariz. Rev. Stat. § 33-1343(A) & (B) (2022)
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“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 and the tenant waives receipt of any separate or additional access notice that may be required pursuant to subsection D of this section.”
Source Link - 2 Ariz. Rev. Stat. § 33-1343(C) - (E) (2022)
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“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 [tenant failure to repair upon request] and 33-1370 [extended tenant absence following unpaid rent], or if the tenant has abandoned or surrendered the premises.”
Source Link - 3 Ariz. Rev. Stat. § 33-1376(A) (2022)
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“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.”
Source Link - 4 Ariz. Rev. Stat. § 12-341.01(A) (2022)
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“In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees.”
Source Link - 5 Ariz. Rev. Stat. § 33-1318(E) (2022)
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“A tenant who is a victim of domestic violence or sexual assault may require the landlord to install a new lock to the tenant’s dwelling if the tenant pays for the cost of installing the new lock.”
Source Link - 6 Ariz. Rev. Stat. § 33-1376(B) (2022)
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“If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month’s rent.”
Source Link
