Does a tenant have to be home for a landlord to inspect the home, after landlord gave a 48 hour notice?

Asked over 2 years ago - Payson, AZ

I had this problem, the tenants knew i was coming over, they had'nt paid rent. After i left the house they got a restraining order on me.

Attorney answers (2)

  1. William W. Fife III

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Your right to enter the property is detailed in A.R.S. sec. 33-1343. Specifically subsection C states "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." The statute makes no reference that the tenant is required to be present. As the other attorney stated there appears to be much more to this matter.

    If the tenant has not paid rent, after providing the statutory five day notice to the tenant you may proceed with an eviction action. You should consult with an attorney that handles landlord tenant issues to proceed with the eviction action.

  2. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . My gut says you left out a lot; courts don't just issue restraining orders without cause.

    That being said, tenants don't have to be present if you gave proper notice. If you didn't last time, try written notice next time with these tenants.

    If they're over-due on rent then you have legal cause to commence eviction proceedings--not as retaliation, but as a contractual matter.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does... more

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