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

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.

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Attorney answers 2

Posted

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 not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

no i did,nt leave anything out. I ask for my rent they had,nt payed. that was all, then she got the restraining order on me. the judge said she live's there and i had no right to enter without her being there. he kept the restraining order on me. it took me 6 weeks to get them out. she said in court she would pay me, then left town. i finally got in my house and they vandilised it. if the judge would'nt have kept that restrainging order on me i dont think my house would have been that bad. i'm out a lot of money. i,,s true what they say good guys finish last!!!!

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

You don't have a right to enter w/out notice that is true( except in an emergency.

Posted

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.

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