One of the first things a manager learns is that if they want to enter a resident’s unit, they must serve a 48-hour notice. What if we told you that wasn’t actually the correct standard?
Arizona law provides that “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.” Further, Arizona law requires that any notice must be hand-delivered or sent via certified mail (posting is insufficient, though we suspect a lot of managers do use this method).
Two-Days’ Notice means that a landlord can serve a notice late Wednesday and enter the unit early Friday. This isn’t 48 hours later, but it is two days later. Further, if the landlord sends the notice certified, Arizona law requires that you add 5 days for mailing–this means that the landlord isn’t entering until day 7.
The good news is that there are two main exceptions to this notice requirement. First, if there is an emergency, the landlord may enter to address the emergency. While not an exhaustive list, emergency means there is legitimate concern for someone’s safety, the threat of fire, or flood. A tenant failing to pay the rent is not an emergency.
Second, if a resident submits a work order, that work order constitutes legal permission for the landlord to enter the unit to address the issue. This exception is very helpful and allows landlords to timely address issues that residents have without having to serve residents with a Two-Days’ Notice to enter. It is still a good idea to email the resident to let them know when the vendor or staff member will enter, but it is not legally required.