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48 Hour Notice to Enter

A 48 hour notice must be given to Arizona tenants before their landlord can legally enter the rental property. Arizona landlords have the right to periodically enter their rental properties, however, the Arizona Residential Landlord Tenant Act states that entering the property is a right with limitations. In particular, landlords should not use the 48 hour notice as a way to harass or intimidate tenants.

Proper Notice to Arizona Tenant

A.R.S. § 33-1343(D) states that, “the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times.” Although the law does not specify that the notice must be written (as opposed to verbal), it is a good idea to post written notice of intent to enter, or send via mail, so that you as a landlord have proof that you followed the proper procedure.

See A.R.S. § 33-1343(D)

A.R.S. § 33-1343(A) states in part that “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…” or show the property to potential buyers. If the tenant won’t allow you to enter the property, it is grounds for eviction.

See A.R.S. § 33-1343(A)

Emergency access to rental property

Per, A.R.S. § 33-1343(C) an Arizona landlord may enter the rental property without delivering a 48 hour notice in the case of emergency. For example, if there is smoke billowing from the windows or water is pouring out from under the doors, an Arizona landlord does not have to provide a 48 hour notice before entering.

Landlord Harassment

Arizona landlords cannot use ability to enter the property as a way of harassing or intimidating a tenant. According to A.R.S. § 33-1343(D) “the landlord shall not abuse the right to access or use it to harass the tenant.” One of the most common defenses a tenant brings up in court is that their landlord was harassing them. Avoid anything that even resembles harassment so your tenant can’t use that as a defense if you end up having to evict them.

tenants’ rights to wrongful access

Arizona law requires that landlords give tenants at least a 48 hour notice prior to entering the property. However, what options do tenants have if their landlord just enters the rental property without proper notice? The Arizona Residential Landlord Tenant Act addresses this exact issue. A.R.S. § 33-1376(B) states:

“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.”

So this statute provides an Arizona tenant with two different options if the landlord enters the property without permission or is constantly demanding to enter the rental property to the point that it becomes a form of harassment.

Two Options Available to Arizona Tenants

  1. Obtain Injunctive Relief– This is a fancy way of saying the Arizona tenant must obtain an Injunction Against Harassment or Restraining Order against the landlord. With either of these tools you will have the backing of the court to stop the harassment. 
  2. Terminate the Rental Agreement– Regardless of how much or how little time is left on your lease, if your Arizona landlord has repeatedly entered the rental property without giving you a 48 hour notice then a tenant may have the right to cancel the lease. 

Monetary Damages Against Trespassing Landlord

The second part of A.R.S. § 33-1376(B) requires an Arizona landlord to pay the tenant a “fine” equal to one month’s rent for trespassing without a 48 hour notice. So for example, if rent is $1,500 per month then a court could require the Arizona landlord pay $1,500 to the tenant.

However, in order to recover the one months rent from the landlord a tenant must elect one of the two options from above. Meaning, the tenant must either obtain an Injunction Against Harassment / Restraining Order or actually terminate the lease agreement. An Arizona tenant cannot say, “well, the landlord entered my property without giving me a 48 hour notice and so now I want my money.”

Conclusion

Arizona landlords, give your tenants 48 hour notice before entering the rental property and tenants, do not unreasonably deny your landlord access to their rental property!

If you are an Arizona landlord and have questions about 48 hour notices then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

* These blog posts are not intended, nor shall they be deemed to render legal advice. Reading these blog post does not create an attorney-client relationship, nor shall it impose an obligation on the part of the law firm to respond to further inquiry. The Dunaway Law Group limits its practice to the states of Arizona and New York.

Rent Striking in Arizona

Arizona does not permit “rent-striking”. Meaning, a tenant cannot legally withhold rent except in a very few exception.

Arizona does not permit “rent-striking” by tenants. Meaning, a tenant cannot legally withhold rent from a landlord except in a very few exceptions.

Section 33-1363(A) and (B) of the Arizona Residential Landlord and Tenant Act specifically address what a tenant must do prior to withholding rent from the landlord.

Section 33-1363(A) states in part: A tenant “may notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding”…an amount less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater.

A.R.S. 33-1363(A)

Additionally Section 33-1363(B) states in part;

“A tenant may not repair at the landlord’s expense if…the condition repaired does not constitute a breach of the fit and habitable condition of the premises.”

A.R.S. 333-1363(B)

before a tenant withhold rent they must:

  1. Write the landlord and notify him of their intention to correct the condition at the landlord’s expense;
  2. The tenant must give the landlord ten days to fix the problems outlined in the written notice;
  3. Give the landlord ten days to fix the problem before seeking any self-help solutions;
  4. Have the repairs completed by a licensed contractor;
  5. Submit the landlord with an itemized statement;
  6. Provide the landlord a waiver of lien;
  7. Deduct from their rent the actual and reasonable cost of the work;
  8. Not to exceed three hundred dollars, or half of the month rent, whichever is greater; and
  9. The repairs must constitute a breach of the fit and habitable condition of the premises.

If you are a landlord and have questions about tenants withhold rent then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. The law changes quickly and varies from jurisdiction to jurisdiction. As such, readers should not act upon this information without seeking advice from professional advisers. Additionally, this Firm limits its practice to the states of Arizona and New York

Joint and Several Liability

The legal doctrine of joint and several liability is a fundamental concept in tort law and contract law that plays a crucial role in determining who is responsible for damages when multiple parties are involved in a legal dispute. This doctrine is often applied when harm or injury occurs due to the actions or negligence of more than one party. In this blog post, we will delve into the concept of joint and several liability, understand its principles, and explore how it is applied in legal cases.

Understanding Joint and Several Liability

Joint and several liability is a legal doctrine that allows for multiple parties to be held collectively and individually responsible for a plaintiff’s injuries or damages. This means that in cases involving two or more defendants, the plaintiff can choose to pursue the entire judgment from one defendant or apportion the damages among multiple defendants, depending on their financial ability or degree of fault.

Key Elements of Joint and Several Liability

  1. Multiple Parties: Joint and several liability comes into play when there are multiple parties involved in a legal dispute. These parties can be individuals, businesses, or entities that share responsibility for the plaintiff’s harm.
  2. Individual Liability: Each party can be held individually liable for the full extent of the plaintiff’s damages. In other words, a plaintiff can seek to recover the entire amount from any one defendant, even if that defendant’s actions were not the sole cause of the harm.
  3. Right to Contribution: Defendants who are held responsible for damages beyond their share can seek contribution from the other responsible parties. This means that if one defendant pays more than their fair share of the damages, they can later recover the excess amount from the co-defendants.
  4. Several Liability: In cases where the plaintiff chooses to apportion damages among multiple defendants, each defendant will be held liable only for their share of the damages. This approach is known as several liability, and it ensures that defendants are responsible for the damages they caused.

Applications of Joint and Several Liability

  1. Personal Injury Cases: Joint and several liability is commonly used in personal injury cases where multiple parties may be at fault for an accident. For example, in a car accident involving a negligent driver and a municipality with poorly maintained roads, the injured party may choose to recover damages from either the driver, the municipality, or both, depending on the circumstances.
  2. Product Liability: In product liability cases, manufacturers, distributors, and retailers may be held jointly and severally liable if a defective product causes harm to a consumer. The injured party can choose to sue any or all of the responsible parties.
  3. Contract Disputes: Joint and several liability can also arise in contract disputes. For instance, if multiple parties are jointly responsible for fulfilling the terms of a contract and one party fails to meet their obligations, the innocent party may seek to recover the full amount of damages from any or all of the defaulting parties.

Conclusion

Joint and several liability is a legal doctrine that serves to ensure that plaintiffs are adequately compensated when they suffer harm due to the actions or negligence of multiple parties. It provides flexibility in legal proceedings, allowing plaintiffs to seek recourse from the party or parties best able to satisfy the judgment. At the same time, it holds all responsible parties accountable for their contributions to the plaintiff’s injuries or damages. Understanding this doctrine is essential for individuals, legal practitioners, and businesses alike, as it has far-reaching implications in various areas of law, including tort law and contract law.

If you are looking for an experienced litigator, then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. Readers should not act upon this information without seeking advice from professional advisers. Additionally, this Firm limits its practice to the states of Arizona and New York.

Statute of Frauds

What is the Statute of Frauds?

The Statute of Frauds is a legal doctrine that requires certain types of real estate contracts be in writing to be legally enforceable. Its primary purpose is to prevent fraudulent claims and misunderstandings arising from verbal agreements and to create a clear and verifiable record of important contractual obligations. In Arizona, the Statute of Frauds for real property transactions is governed by A.R.S. § 44-101.

Real Property Transactions Covered by the Statute of Frauds in Arizona

The Arizona Statute of Frauds mandates that contracts involving the sale, exchange, or lease of real property, or any interest in real property, must be in writing to be legally enforceable. This encompasses a wide range of real estate transactions, including but not limited to:

  1. Sales of Land and Homes: Any agreement to buy or sell a piece of land or a residential property, whether it’s a single-family home or a condominium, must be documented in writing to be legally binding.
  2. Lease Agreements: If you’re entering into a lease agreement for real property, such as leasing a commercial space or residential unit for a term exceeding one year, it must also be in writing to be enforceable.
  3. Real Estate Option Contracts: Option contracts, which give one party the right to buy or sell real property at a specified price within a specified timeframe, must be in writing to be legally valid.

Key Elements of a Valid Written Agreement

To comply with the Statute of Frauds in Arizona, a written agreement related to real property transactions must include certain key elements:

  1. Identification of the Parties: The names and addresses of all parties involved in the agreement must be clearly stated.
  2. Property Description: A detailed description of the real property being transacted, including its legal description, address, and any relevant parcel or tax identification numbers, should be included.
  3. Terms and Conditions: The terms of the agreement, including the purchase price, financing arrangements, and any contingencies or conditions, should be spelled out.
  4. Signatures: The written document should be signed by all parties involved. Signatures are a critical component of demonstrating consent and intention to be bound by the contract.

Implications of Non-Compliance with the Statute of Frauds

Failing to adhere to the Statute of Frauds can have significant consequences. A contract that doesn’t meet the statutory requirements is generally unenforceable in a court of law. This means that parties may not be able to enforce their rights, collect damages, or compel performance if the contract is solely oral or inadequately documented.

Seek Legal Guidance

In conclusion, the Statute of Frauds in Arizona is a fundamental legal doctrine that underscores the importance of written agreements in real property transactions. If you need assistance with a real property transaction or dispute then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

* These blog posts are not intended, nor shall they be deemed to render legal advice. Reading these blog post does not create an attorney-client relationship, nor shall it impose an obligation on the part of the law firm to respond to further inquiry. The Dunaway Law Group limits its practice to the states of Arizona and New York.