[oiboy]

The state of Arizona requires 48 hour notice before a landlord can enter an apartment.

Today when I got home from work I found that without notice my apartment had been entered. I had no prior knowledge to the managments intentions to enter my apartment. No notice sent no anything.
When I returned home I found two notes on my coffee table
The first note was written on a paper towel taken from my paper towel collection.. lol...
It states

Dear Resident,
We where here to do your scheduled apartment inpection.
Next time hide your weed.
MGMT

The second note was a notice of a 7 dollar late fee from the prior months rent.

It was a typical late fee notice and at the bottom there was an added note

It states

PS: and you are expected in the office by 09-22 to pay your balance and I won't evict you for breaking the law
MGMT


OK I did have about one half ounce of pot on my coffee table
A misdermeanor
I am stupid for leaving my pot out
I am stupid for smoking pot yada yada yada

Here is my question

Can they evict me for this??

Can I break my rental agreement due to they managments entry without notice.
Beyond the entry without notice I have had several instances of not having hot water.

HELP

[CaptainForest]

I would think the answer is no.

It is called an illegal search.

It can not be held against you so I don't see why Management could use it against you.

They are required to give 48 hours notice, they didn't…illegal search at least in my opinion.

But, if you want out, then let management evict you.

[oiboy]

Well I don't want to be evicted and I don't want any legal entanglements with tempe police cause I had twenty bucks worth of pot on my table.

I am thinking I will just print out the tenat landlord act and the Arizona congressional definition of notice...
Along with my 7 dollar late fee that I am currently counting out pennies to pay with I'm at 532 so far.

I would love to get out of my lease but I don't want an eviction

Can I even be evicted for them seeing pot I do think my lease has something about illegal activity
But wouldn't they have to have me arrested for possession of mary jane or could they just go on the landlord just saying I saw pot in his apartment'?

I think I am going to put my pennies in a envelope
Alert them that I am moving out on the last day of my lease
And inform them about the Arizona law regarding landlord entry
How they broke this law
And also alert them to landlord responsibility regarding utilities including hot water
Which for the 7th time in 7 months I did not have this morning
That's why I had to get the pot out... lol

Seriously
What do you guys think
How should I handle this
Should I just pay my late fee and get on with my life
Or should I make an issue about it'>/

[RickJ]

1. They said "scheduled" in the first note, so maybe they'll claim that they gave prior notice. Whethere they did or not - and whether you received it or not - is generally not going to help you. If they say they did it, then it will pretty much become a mute point.

2. I don't know about the pot laws in AZ, but in Ohio you cannot be arrested or fined for someone seeing pot in your residence - as long as there's no evidence of distribution.

[Fr_Chuck]

OK,

First this is not a search, and non police are not bound by search and procedure. They can tell the police what they saw and this would be probable cause for the police to get a search warrant and come back into your home. You can not be arrested for what they saw or think they saw, since they are not police. But they are allowed to tell the police what they saw. Some of the best, and my biggest drug bust was when maintanice people went into apartments and called us about drugs. ( I often wondered how much of the drugs they took with them before they called us) But we got a search warrant when in and got the drugs and arrested the people when they came home that evening.

And yes most leases have clauses that state no illegal activity on the property, so breaking any law in the apartment or rental home is grounds to be evicted.

[Cvillecpm]

You need to pay the late fee and hide your weed. Had there been a fire or emergency and a police officer or fireman entered, then you would be in trouble.

Hot water for some is an emergency and to provide hot water to multi-unit building requires entry.

[ScottGem]

First, check your lease. While state law may mandate 48 hour notice, your lease may provide that an inspection will occur at specified intervals. That could then constitute notice. Its also possible, that being late could give them justification for entry. But, as Rick pointed out, they could probably claim they did give notice.

Second, as Chuck pointed out, there would be nothing wrong in them going to the police and reporting what they saw. Whether the police could get a search warrant or not, is open to debate, but it would bring you to the attention of the police.

Yes they could evict you breaking the law, IF you did indeed break the law. I don't know what AZ law would say about possession of less than an ounce of pot.

So, pay the late fee (not in pennies) and then see if you can change or add a lock that they won't have the key for.

[excon]

Hello oi:

I think you should write them a letter and include it along with your pennies. Tell them, in no uncertertain terms, that they entered your apartment illegally. Tell them that you have a prescription for medical marijuana. Tell them, that if they call the police, you will sue them, and they will be working for you shortly.

If they ask to see the prescription, tell them to stick it where the sun don't shine. I don't show my prescriptions to my landlord. Nobody does.

You WON'T be convicted, even if they do call the police. A search warrant based upon what a landlord THOUGHT was pot, will most likely NOT be upheld. I have a great drug lawyer in AZ if you need one.

Furthermore, tell Joe Arpio he can kiss my ***.

excon

[oiboy]

I paid the 7 bucks in cash with a letter stating the right of entry laws in Arizona and that they had violated them and also mentioned the fact that they are not holding up their end of the essential utilities clause for Arizona by not providing hot water,
Told them that I was pretty sure those two things alone would being enough to break my rental agreement and if they wanted me to leave I would gladly do so at the end of the sep.

In the meantime I witnessed a blow out 70-100 people party in a two bedroom apartment right across from mine last night
Joe can kiss my *** and so can this property management company

[oiboy]

My neighbors said they received no notice as well

[ScottGem]

Did you check your lease?

[oiboy]

I checked my lease there is a clause about illegal activity
But there is no clause about entry without notification
I had it out with the property manager this morning we ended up shaking hands
She admitted she entered illegally I admitted I should hide my pot better.
I've never really felt like my privacy had been invaded like that before