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My rental company comes every 3months to so called change…

Customer Question
My rental company comes...

My rental company comes every 3months to so called change the a/c filter and check smoke detectors. Actually what the do is come change the a/c filter and take pictures the contents in every room. I’m 54 so no young person here. Is it legal for them to do this. Their claim is the owner wants pictures but of what is not specified.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

I live in Avondale Arizona , and no I haven’t consulted any attorney. It’s been going on for the past 3 years.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease is annually and it states that the maintenance will come every 3 months to change the a/c filter. Nothing of taking pictures of my stuff. No issues relating to upkeep. Maintenance wise the a/c went out last summer and the pool developed a crack which they came and repaired.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When I asked the rental company about the pictures, the leasing agent told me that the owners can ask for pictures. I checked for who the owner was and the owner is Rexi or something like that company. Further checking it seem it is another name for the leasing company service star realty

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 1 minute by:
3/22/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 10,329
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

I’m sorry to hear about your situation. This appears to me to be the tort of intrusion upon seclusion. What is required for an intrusion upon seclusion claim is that the plaintiff must show:

1.That the plaintiff had a reasonable expectation of privacy (for example, bathrooms, locker rooms, etc.)

2. That the defendant intentionally intruded in that place;

3. The defendant’s intrusion would be highly offensive to a reasonable person;

4. That the plaintiff was harmed;

5. If the plaintiff is asserting more than one privacy right, give an introductory

If they are coming in and taking photos of your stuff without your permission and for no legal reason, then that could leave some legal liability on their ends.

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

This ALSO appears to be a violation of the implied covenant (promise) of quiet enjoyment. All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation. To help facilitate the situation, you may want to consider just writing a letter detailing the problems and demand that they rectify this situation or you will move off the property and not pay any rent thereafter as allowed by law. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
I gave no permission for photos. It just states that in the notice they send out before coming. It’s nowhere in my contract
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I understand. If it's not in your contract and if you didn't give permission, then they are intruding upon your seclusion and a violation of the implied warranty of quiet enjoyment. Both of those would be actionable in a Maricopa County Small Claims court and I would advise your landlord as much.

Did you have any other questions for me today that I could help you with?

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