AZ--problem with entering apt w/o permission
This is a discussion on AZ--problem with entering apt w/o permission within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I have a broken faucet (not leaking)..just broken in my apartment. The maintenance man came to fix it and had ...
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#1 |
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I have a broken faucet (not leaking)..just broken in my apartment. The maintenance man came to fix it and had to order parts. I have a "do not enter" request on the original work order, have said this to the maintenance man and the office staff as well.
The maintenance man told me to schedule an appointment so that he could finish fixing my faucet when he got the parts. I did and they were going to try on that Friday but never showed up. Until Saturday morning, while I was bed, when they entered my apartment without permission. He did knock, but like I said, I was in bed. I feel so violated right now. I called the office, who did nothing! I feel like something should be done but not sure what. Just looking for help!! Thanks! |
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#2 |
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2 things. First, read the repair request form carefully. Many have a clause on them that says filling out the repair request gives them permission to enter the unit for repairs. If your forms says this, you gave them permission to enter when you asked for repairs.
Next, you need to send written notice to the LL quoting the state law (AZ Revised Statute 33-1343) that says 2 days notice are required prior to entry. Insist that you are given this amount of notice and that you will refuse to allow entry without it. Send this notice by certified mail, return receipt requested, and keep a copy. This documents the violation and puts the LL on notice that entry will not happen without the required notice. If you fail to document this violation, you may be unable to enforce this later. Failure to act upon a violation can be viewed by a judge as tacitly approving of it. So make sure to send a statement that you need the notice. If you send this, the LL can be held liable for repeated violations since he will already have been notified that it cannot continue. |
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#3 |
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A tenant cannot refuse a landlord entry into their own property. The times must be reasonable, however, unless it's an emergency.
What time Saturday morning? Saturday morning is not unreasonable. The landlord has every right to give permission to the maintenance people they have hired to enter their rentals. What should be done is this. Let the maintenance person into your apartment so the problem can be corrected. Then, you won't feel violated. If he knocked, you must have told him it was okay to enter? Did he enter with a key? All you had to do was get out of bed and let the poor sop fix it. Problem solved. |
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| Thread | Thread Starter | Forum | Replies | Last Post |
| Entering my apartment without my permission | Unregistered | Landlord vs Tenant Issues | 6 | Oct 15th, 2009 11:08 PM |
| Apt check | Fio | Landlord vs Tenant Issues | 1 | Nov 11th, 2008 09:23 PM |
| Breaking an entering? | fodom0278 | Landlord vs Tenant Issues | 2 | Jan 17th, 2008 06:25 PM |
| Pets in the Apt. | Unregistered | Landlord vs Tenant Issues | 6 | Oct 16th, 2007 10:18 PM |
| breaking and entering | Unregistered | Other Criminal Law Matters | 1 | Nov 2nd, 2006 12:46 AM |
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