Tenant Blocks Entry

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lyntaylor

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My jurisdiction is: AZ

My jurisdiction is: Arizona/USA

My husband & I are 1st time landlords renting out our old home. Tenants were late in payments and had failled to pay us for a swing set . We made numerous phone calls over 6 weeks. Last Thursday, 8-13-09, I called again informing the tenant that we would be coming to get the swing set. The tenant called me back on Friday and we arranged for pick up of the swing set on Saturday, 8-15-09. I asked to come early before the heat, but he tenant wanted us to come at 12:00 noon. I told the tenant I would like to just look quickly inside and get a drink of water when we were thereas it would be 110 degrees outside. She became extremely upset that it was not convenient for her. I explained that I needed to come on the weekened because due to a car accident I could not lift and needed the help of my son. My husband called the next morning to check with tenants about our comming. (It is a two hr drive one way.) Tenants did not answer or call us back. When we arrived the locks on our home had been changed. The husband came out of the home and shut the door behind him. I asked if we could come in and sit down and talk about the rent issues as my back injury made standing difficult. The tenant refused. I sat on the hot pavement. My eight yr old son asked if he could use the bathroom. The tenant refused. As my son was about to wet himself, and the tenant owed us $2900. I opened the door to let my son use the bathroom. The tenant yelled and pushed me away from the door, called the police saying we had no right to enter the home without his consent. Do the tenants have the right to change the locks when our contract expressly states any alterations to the home must be approved by us in writing? As we now have good reason to believe the tenants are hiding something in the home which is not in compliance with the lease agreement, can we enter the home without 48 hrs. notice? Can we get a restraining order so that we can inspect the home without the husband being present as he was verbally and physically agressive?
Thank you for your help.
 
Your tenants do not have the right to change locks without your permission. If they do, they must provide you with a key to be able to enter in an emergency.

However, the time to "talk" about owed rent is long past. Tomorrow begin the process of filing for eviction in Arizona. I've attached an article that briefly describes how to do this:

http://www.rentlaw.com/eviction/azeviction.htm

You can also hire an eviction attorney to handle all of this. This might be your best bet since you do not live close to this home.

Gail
 
:yes:Dear Gail, Thank you for your advice. I am worried if we try to evict them they will damage our home. They do not seem mentally stable. The tenant yelled at my husband saying we are like Hitler and that we are very bad people. It was horrible actually. I came home and cried. It took a long time to find renters and I am worried we may not be able to find others.
 
The problem is that you have allowed your tenants to get the upper hand (very common for new landlords) and they believe they are running the show. It is time to remind them that you're in charge.

Yes; they may damage the property should they receive notice of an eviction (they can be sued for such damage, although collecting may be another issue). But right now they're living in your home, rent free.

Again, many landlords prefer the use the services of an attorney experienced with handling evictions; not only are they familiar with the process of evicting someone in your state but formal notice from an attorney often appears to go much further than all those phone calls you've made to the tenants.

As I've mentioned previously, the real estate person I work with also has rental properties of his own. He tells all his potential renters that he does not have a late fee in his lease; if rent is not paid by the first of each month, he begins the process of eviction by the second day.

Gail
 
Thanks Again. OK, the tenant has now paid $2200, so they only owe us $700. He is a police officer and I called his boss, who was extremely kind. The male tenant has called and apologized. He said his wife (the one I had talked to on the phone) did not inform him they were behind in their payments, or that she had set up a time for us to come. I believe she is on state disability for a mental illness. What I need to know is: 1. Do I have a legal right to enter the premises without any notification to the tenant due to these special circumstances, and do I need a written legal document to enter the premises without notice. 2. How do I get a restraining order so that I can view the property without the husband, who was abusive, being present? Is that possible?
Thank you for your sensible answers and in the mean time, I have gotten the paperwork for eviction and am in the process of writing and sending a certified letter to the tenant.
 
What, exactly, are the special circumstances? Because you suspect "maybe" that there might be something illegal going on in there? Seems rather vague.

Better to provide the proper notice (typically 24 to 48 hours) before going in to do an inspection.

You can always apply for a restraining order. In many cases, this is handled by the clerk of Superior Court in the district but since you live a bit of a ways away, you might want to call this office to double check.

If you do this, it would be an excellent idea to bring someone with you, preferable male, big, and mean looking. Being extra hairy might also help.

Gail
 
The special circumstances are that the tenant was extremely unreasonable about allowing us to enter our home even when we did give 48 hrs notice: tenant physically blocked doorway, yelled, became insulting, didn't let my 8 yr old son use the bathroom, didn't let us get a drink of water, didn't let us sit inside to discuss missed payments thus forcing me to sit on the pavement with a severe back injury in 110 F weather, changed the locks without notice, pushed me away from the door, and refused to let us view the home later that afternoon when they would be gone, or earlier in the day because they said they were busy. We have been extremely kind to these tenants. I gave them many children's books, let them use curtains I sewed myself, offered to introduce them to the neighbors, left some of our shelves in the garage just to be nice, let them use our swing set and basketball hoop, and were very patient with the rent. When we tried to view our home their behavior changed dramatically, was not only unreasonable, but abusive and ridiculous (calling the police on us although we had done nothing illegal. I can think of no other reason for their dramatic and excessive desire that we do not even look in the door of the home than that they are doing something which is a breach of our lease.
 
If you believe there might be the threat of violence when you go to inspect the house, then request the restraining order first.

However, remember that a restraining order is no guarantee that things might escalate with an inspection (thus, the big, hairy, mean guy accompanying you might be a good idea).

Gail
 
OK, Restraining oder down.
Big Hairy guy; my husband is 6'1, 200pounds but bald. I'll work on the hairy part.
Next, I'm sure I can't be the only Landlord that wonders how one is supposed to find out about tenants breaking rules when we are required to give two days notice before entering. Is there no law which protects landlord rights and gives permission to enter without the notice when a violation is strongly suspected, or the client acts unreasonably (as explained in messages #1 and #5)?
 
Attached in an overview regarding Landlord/Tenant law in Arizona:

http://www.supreme.state.az.us/info/brochures/landlord.htm#General

Notice the 48 hours notice requirement.

You've actually provided what many would consider a reasonable argument as to why your male tenant became upset when you initially showed up. His wife had neither informed him they were behind on the rent payments or that you were coming to the residence. When he learned of the late rent, he promptly paid at least part of this and apologized to you.

And again, what is the violation that you strongly suspect (but have no evidence of)? Have the neighbors complained of activity that might make you suspect drug selling/using is going on? Have they complained about noise that implies violence?

I'm not saying you can't go over and inspect the place. Many landlords do without the required 24 or 48 hour notification. Tenants may complain but in all honesty, the legal system isn't going to do much about this.

What I'm saying is that you have proof that your male tenant tends to become angry very easily and responds as such. How do you think he'd respond if you just showed up, restraining order in hand or not?

Often the police will NOT interfere in these sorts of issues, citing that they are civil matters and not criminal. They would intercede with a court ruling (i.e., if the legal system has granted an eviction). Evictions require the presence of some member of law enforcement to oversee the eviction process and prevent things from escalating to violence.

I do need to point out that there are cases of landlords who have done things like attempt self-evictions (or even confronted tenants face to face regarding lack of payment) and have ended up dead at the hands of their tenants.

Gail
 
Thanks for your opinoins. I researched AZ law before seeking information on this website and was not able to find a law which permited landlords to view a property if they had reason to believe something was amiss. Please just answere yes or no if are aware of such a provision.
From the behavior of the tenant much more was evident than that he has anger issure. 1. He was lying about several things: he said he had not been informed we were coming by his wife when he apologized, yet when we were there he kept yelling at us the we had only given 23 hrs notice: he said he wasn't smoking in the home and was not a smoker but a neighbor (one we know and trust for 6 years) said he was smoking. 2. His behavior to keep us out of the home was remarkable: he changed the locks, made a scene became verbally physically agressive, misused police force by calling one of his buddies. I have masters degree in human behavior, and I'm pretty sure all evidence suggest something is going on in the home that is not according to contract. It is the only logical explanation for tenant bizzare bx.
 
A landlord can certainly inspect their property. However, you need to give the required notice prior to doing this.

Lying, the possibility he is smoking and calling one of his police buddies are not reasons for thinking you can do an emergency inspection.

Look; if you want to do an inspection, provide the proper notice to your tenants and do one.

Gail
 
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