Many landlords who own rental properties are not always fully aware what they legally can and cannot do when it comes to the rights of their tenants. If you own a rental property in Arizona, or greater Phoenix Metropolitan area, you will want to ensure understanding of things landlords can and cannot do. Any professional property management company understands provisions and requirements of the local tenant and landlord acts, so inquire if you’re ever not certain.
Article 3. Tenant Obligations; Access § 33-1343
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.
C. the landlord may enter the dwelling unit without consent of the tenant in case of emergency.
D. the landlord shall give the tenant at least two days’ (48 hours notice) of the landlord’s intent to enter and only enter at reasonable times.
Article 4. Remedies; Tenant’s remedies for landlord’s unlawful ouster, exclusion or diminution of services § 33-1367
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater.
Article 3. Tenant Obligations; Access § 33-1343
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.
C. the landlord may enter the dwelling unit without consent of the tenant in case of emergency.
D. the landlord shall give the tenant at least two days’ (48 hours notice) of the landlord’s intent to enter and only enter at reasonable times.
Article 4. Remedies; Tenant’s remedies for landlord’s unlawful ouster, exclusion or diminution of services § 33-1367
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater.
I agree that understanding your rights as a landlord is important. Especially since you do not want to have any lawsuits on your hands. Equally, tenants and those paying any sort of renters fee need to know what landlords can and cannot do so that their rights are not violated. It’s good that you are going through the statute to gain a better understanding of tenant and landlord law.
ReplyDeleteThis is a very interesting topic. I took a Property course during my first year of law school and we had to learn about landlord/tenant rights. We dissected Washington's state law regarding renting and what the responsibilities were for both landlord and tenant. From that course I learned about everything my past landlord's did wrong and how I could have recouped my deposit. I now know to check every state's law regarding landlord/tenant rights and obligations when renting.
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