By Mark Zinman | Zona Law
Question: I know that I need to serve my tenants with a 2-day notice to enter before I go in, except in the case of an emergency. What constitutes an “emergency?” If I think the tenant is damaging the home, can I go in?
Answer: There is no statutory definition of emergency in the Arizona Residential Landlord and Tenant Act and therefore there is no bright-line rule. Generally, we refer to things such as “blood, flood, and fire” – these are life-threatening events where a person’s failure to act could cost another person their life or complete destruction of the property. On the other hand, things such as mold are not emergencies; while they can damage the property, there is no expedited reason a person would need to enter the unit without giving proper notice. Remember, when you rent out a unit, it is expected that you are giving your resident quiet and undisturbed enjoyment for the term of the lease.