What is one to do in this situation? HELP needed now.....

[outwest]

Bonsaiguy, you're in a tough spot- and AZ is chock full of self-righteous morons who dn't care about your rights, your privacy or anything else. I know, I've been there. If I lived within 500 miles, I'd be only too happy chip in and help you get things squared away for your inspection, and then get set up again afterwards. It's the least I can do for a disabled veteran.

I've got my fingers crossed for you... and if you move, consider Colorado- the MMJ thing isn't quite the hot button issue here as it is further south- and both the climate and the people may be more to your liking!

As someone who is high in the rockies and visits AZ frequently, I could not agree more!

 

[Mogrow]

Bonsaiguy, put the shoe on the other foot......
what about your rights now.....
i rent houses, somebody says i can't come look at my house, they get the front door taken off.
thanks for serving and everything..
but a property owner has a right to inspect his property...
talk with him, maybe you've worked yourself up over nothing.
common sense and a clear uncluttered mind will go along way.

 

[squiggly]

While it's possible you worked yourself up over nothing--I'd still go with ditch the shit and talk later. Your gut seems to tell you something is fishy--listen to that.

At the same time, it's totally proper for the guy to inspect his property--there isn't any space for anger there. I, personally, would just look at this as an unfortunate situation wherein it's most intelligent that I just cut my losses and start over. It's not really anyone's fault. It's best he doesn't know what you do--and it's right for you to not prevent him from seeing his property. Catch 22.

 

[baba G]

He has no legal recourse, he hasn't been wronged. The landlord/rental agency is just exercising their rights.
He mentioned he doesn't want this to cost money, killing the plants and just going through the inspection wearing a huge SMILE would have prob saved you more time & money than this route, imo
Either way, it's cheaper to buy herbs/meds than pay for an attorney.
Wish you the best:)

 

[sky high]

You were smart to call them....because had they/their agent shown up after the required 48 hour notification to enter and you refused to let them in you would have breached/broken your lease on the spot.

By calling them you may have bought some time....but I guarantee you...as a homeowner (2X) myself, no renter would ever stop me from accessing/maintaining my property as agreed upon in the lease and I'll wager your landlord is the same way...like any homeowner/landlord.

Expect more requests to enter in the future....because now he is even more suspect of your actions.

best of luck however it shakes out...

s h

 

[ttystikk]

Lawyering up is expensive, and you need to know going in that not only is the landlord's right to inspection in the standard boilerplate for nearly every lease, it's also codified in state law. I suggest you take the time to search for it online and educate yourself.

You may still have grounds for a complaint under the ADA, but that's a very long shot and any lawyer will know it.

Just because the landlord technically has the right to privacy doesn't mean you can't ask him plenty of pointed questions when he does show up at your doorstep. If he's a prick, then you do what you gotta do- I've broken a lease and moved out after not paying a dime for 6 months because I was mistreated- but I did go take the step of trying to resolve things in good faith first. When they play the asshole card, I let 'em know I play THAT game to win... :mad:

I guess I would try to contact the landlord, offer to meet on neutral ground and talk things out in a civil manner with the aim of allaying whatever concerns he may have, and with the desire to maintain your right to private and peaceful domocile. His reaction to this offer will tell you volumes about what's going on in his head; if he readily agrees, then you're probably dealing with someone reasonable. If he's a dick, then it's game on... At least by the end of that phone conversation you'll know where you stand- 'intel on the ground' as they say- and can then act accordingly.

 

[sky high]

I like ya a lot ttystikk....but if you were in my house and not paying rent for even one month you'd have to stay home 24/7 cus the first time you left the house (my house) all of yer shit would be curbside.

When ya ferget who >owns< the feild...."game on" is 100% correct!

FYI....this thread illustrates well WHY I don't rent any of the houses I own....

good luck, all!

s h

 

[outwest]

I like ya a lot ttystikk....but if you were in my house and not paying rent for even one month you'd have to stay home 24/7 cus the first time you left the house (my house) all of yer shit would be curbside.

When ya ferget who >owns< the feild...."game on" is 100% correct!

FYI....this thread illustrates well WHY I don't rent any of the houses I own....

good luck, all!

s h

True. It also illustrated why I own and don't rent.

outwest

 

[Seamaiden]

You need to avail yourself of Arizona's landlord-tenant laws. Look it up exactly that way. If you signed a lease, reread it. I've signed leases in California that were technically illegal, remember that any illegal portion of a lease is unenforceable.

Now, onto another point--the entity who owns the property (legal owner of title) vs the person who's renting the property. I don't know what the presumption is in Arizona, but I do know that in California the renter is like an owner. When you pay money to someone to lease or rent a property, you are essentially asking for a right of temporary ownership. That means that certain rights of yours cannot be violated, such as unannounced entry for any reason other than imminent emergency.

That does not mean, however, that the owner of title gives up all rights and duties to the property. You have a duty to allow them entry to the property, whether it's in the lease or not I would guess that as many other states it's a 24-48hr notice that's required to be given to the renter, and outside of that, the renter does not have a right to deny entry. However, those particulars are, or should be spelled out in Arizona's landlord-tenant law.

It's a relationship I personally don't miss, and I've been both (landlord and tenant), I've gotta say. Even with all the responsibilities of home ownership, I am much happier having things this way. It's just like when I was a kid and everyone told me that when I grew up I'd wanna be a kid again. Ya know what? NOT ONCE have I wished I was a kid again, not ONCE.

Sorry for the ramble!

In the meantime, some spoonfeeding. Arizona Landlord Tenant Law Googled.

I like ya a lot ttystikk....but if you were in my house and not paying rent for even one month you'd have to stay home 24/7 cus the first time you left the house (my house) all of yer shit would be curbside.

When ya ferget who >owns< the feild...."game on" is 100% correct!

FYI....this thread illustrates well WHY I don't rent any of the houses I own....

good luck, all!

s h

If you did that, you'd be breaking the law. As a landlord you *must* go through a proper eviction process, which takes MONTHS.

Just sayin'.

 

[sky high]

All the more reason not to rent your property out.

Besides....I mean...why fuck with humans and their disrespect when the best tenant to have is >always< a room full of dank? LOL.

jus' sayin':D

 

[waayne]

bonsaiguy you need to take a look at your lease and see how much notice your landlord must give you,My rental agreements allow me to give as little as 24 hours notice before gaining access to the rental property, if you signed it and agreed to the terms of the lease you're probably not gonna win this battle.
If 48 hours notice is what's in your lease and you signed it your landlord has every right to come and inspect irregardless of your objections
regarding your privacy.Your landlord is not required to give you any explanation beyond the 48 hour notice
You can try to fight this but at this point if you don't allow access after the formal notice to inspect you are breaching the lease

It is doubtful you have any legal grounds for a discrimination lawsuit,how are you being discriminated against?

Your landlord is just exercising his rights as set forth in the lease

People really need to read and understand lease's/ agreements before signing them.

I had to evict tenants this past December from one of my rentals and from the day I filed the eviction notice with the court until the hearing was 9 days.
30 days later the sheriffs department was there physically removing them and their property from the house........

Personally I would look at other options,like shutting down the garden,this is one battle that's probably not worth what it may cost you to try and fight it.......

 

[El Cerebro]

Lawyering up is expensive

Maybe less expensive than taking legal advice from us though. Check with your state Bar Association, most will give you a referral for a very cheap phone consult with an attorney ($35 where I live). It's worth that much just to know your real options, and a brief intro to what you're getting into from someone who deals with it for a living.

 

[squiggly]

It's just like when I was a kid and everyone told me that when I grew up I'd wanna be a kid again. Ya know what? NOT ONCE have I wished I was a kid again, not ONCE.

I had to:

If you write a strong enough lease and use the correct practices in terms of how to make sure you get your money--being a landlord can be very profitable and quite easy.

Here's the thing--you have to be a total shithead to do a good job of it. The laws are written in the landlords favors in many respects. If you are willing, able, and quick to litigate then it can be a good business.

But consider the following, doing the right thing as a landlord (for business) can consist of some pretty shitty stuff. Consider a dual lease (two lessees), if its written in the lease that either party can be held responsible for the entire delinquent amount in the case of a default.

So one tenant pays their half of the rent on time-every time. Eventually paying the full amount. However, the other tenant pays nothing.

Who do you go after for the remainder? The answer is you go after the person who can pay.

There are many similarly disturbing questions you have to ask yourself when you're in that position. The only way around this really is to very carefully hand pick your tenants (and doing that you'll need to be careful about business practices or get slapped with a lawsuit).

 

[ttystikk]

I like ya a lot ttystikk....but if you were in my house and not paying rent for even one month you'd have to stay home 24/7 cus the first time you left the house (my house) all of yer shit would be curbside.

When ya ferget who >owns< the feild...."game on" is 100% correct!

FYI....this thread illustrates well WHY I don't rent any of the houses I own....

good luck, all!

s h

I know tenant law, and if the landlord tries to fuck me, I am on his ass,- with the law on my side, thick and fast. I have a feeling you and I would get along fine, cuz you wouldn't step on my toes, so I'd be a good tenant for you.

 

[ttystikk]

I think Seamaiden's comments are particularly relevant above. Definitely read up on the deets in your state, so you know what he can and can't do.

 

[bonsaiguy]

Bonsaiguy, put the shoe on the other foot......
what about your rights now.....
i rent houses, somebody says i can't come look at my house, they get the front door taken off.
thanks for serving and everything..
but a property owner has a right to inspect his property...
talk with him, maybe you've worked yourself up over nothing.
common sense and a clear uncluttered mind will go along way.

I tried to be as tactile as I could. I certified mailed a letter stating my position of privacy. And that my privacy is a fundamental right blah blah.....

Hope that works. If I had you for a landlord this would for sure escalate into me defending my fundamental right with life and limb. HarHarHar......

 

[og619]

Bonsai...you asked for opinions on what to do in your situation, and were given some very good advice. It would have taken no more than a couple hrs. to get everything packed up, have your landlord do a walkthrough, and on with your life. Although you chose to be hard headed and stick up for your so called rights that you most likely signed over when you signed your lease. I believe this will ultimately lead to you being evicted from the house. You must realize this is your landlords house, you are just renting it!

 

[baba G]

I like to try and live like Bruce Lee...like water...moving easily through life...
You could have beat them at their own game, passed the walk through and after that you could have set up and felt good about it!
The neighbors could complain again in future and landlord/agency would say Hey we already checked him out and he is a good tenant.
But, being that you won't hold up you end of the lease! Def doesn't make you a great tenant in my book, like you mention you are...
Mowing the lawn and cutting weeds is expected, it's most likely in your lease that you keep front yard presentable. I don't know why people feel like they are great tenants cause they do what they signed up to do(lease).
This agency is only worried about their house, let them see that you aren't damaging things...and than you can sleep easy at night knowing you've passed their inspection.
Now, with this route, I would guess you have guaranteed you'll be moving, so you got that cost and you might have a lawyer cost...
I'd second og619, you had plenty of suggestions and you turned a 180 and went with the I'm a crazy guy routine...fwiw

 

[baba G]

 

[Seamaiden]

I tried to be as tactile as I could. I certified mailed a letter stating my position of privacy. And that my privacy is a fundamental right blah blah.....

Hope that works. If I had you for a landlord this would for sure escalate into me defending my fundamental right with life and limb. HarHarHar......

I didn't read up on the AZ laws, but if they're anything like California, don't be surprised to find yourself receiving a 30day notice to vacate. In California a landlord is actually better off evicting you with NO reason rather than the right reason, but you've given pretty much any landlord good reason to want you gone at this point.

You only have so much right when it comes to renting out someone else's home and denying them the right to inspect that property. As the landlord, they're responsible for the safety and upkeep on the property, how do you know they're not simply trying to ensure they're holding up their end of the bargain?