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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2939
Experience:  Litigation Attorney
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My name is ***** ***** I have a tenant in a week to week

Customer Question

hi my name is ***** ***** I have a tenant in a week to week rental he has been served a ten day notice he says he rented a shed from me and has pad locked it can I remove the lock my chest freezer with my frozen food is in it I never agreed to rent it to him
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
What state are you from?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Yavapai county
Customer: replied 1 year ago.
camp verde is the town
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
iv done that but I need this answer now or just forget this I just had spine surgery neck c2 to t-2 qurter million nt stay up or type much more tonight
Customer: replied 1 year ago.
hi ill just call and cancel if you like
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
The answer depends on whether the shed is mentioned, either specifically or broadly, in the lease. If the lease specifically includes the use of the shed, then the you cannot remove the lock. If the lease broadly states that the tenant is entitled to a lease of everything on that property, then you cannot legally remove the lock. If the lease is only for the house, then you can legally remove the lock and enter the shed as the tenant does not legally have a right to the shed. Most likely, the lease probably covers everything on the lot, in which case the shed is part of your tenant's rented tenancy. It all depends on the language of the lease.
You as the Landlord does not have the right to enter at will, nor to be on the property at will. You do have the right to inspect the property, and maintain the property at reasonable times. The reasonableness is at the tenant's discretion. You have the right to access,and the right a key. If you want a key. All this does not really matter because at this point you are in fact evicting the tenant. Even if the tenant does not have a written lease it will most likely be assumed that the tenant has a right to everything on the lot. The tenant does not have the legal right to keep you out of the shed but until you have successfully removed the tenant from the property, you cannot remove the lock from the door as the tenant still has the right to limit your access to the property per Arizona statute.
Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Arizona state law (Ariz. Rev. Stat. § 33-1343), landlords can enter rented premise in the following circumstances:
(1) In case of emergency, such as a fire or serious water leak
(2) To make needed inspections and repairs
(3) To remedy a serious health or safety issue that the tenant has not taken care of within 14 days of receiving written notice (see Ariz. Rev. Stat. § 33-1369)
(4) Pursuant to a court order
(5) If the landlord has reasonable cause to believe the tenant has abandoned the premises, or
(6) To show the property to prospective new tenants, purchasers or contractors.
So you can enter the premises only under emergency circumstances without notice and consent of the tenant. Except in cases of emergency, landlords who want to enter rental property in Arizona for the above reasons must give tenants at least two days’ notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times.
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
Sorry was typing out my answer and giving you the most detail possible as you described in your question. Wasn't trying to keep you waiting. I pride myself on this site by trying to cite applicable statute and to give as much detail as possible and sometimes it takes a little bit longer than I probably should but I think it ultimately benefits you as the customer.
Please let me know if you have any further questions and please positively rate if satisfied.
Expert:  Christopher B, Esq replied 1 year ago.
Just checking back in. Please let me know if you have any further questions and please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic) as it is the only way I will be compensated.