questions & answers

Question: We have 5 months left on our lease. The homeowners informed us in Jan. 2014 that they will be selling the home. We have been very accommodating for private showings.Now they want to have a open house and asked us not be present along with our dogs. We said okay with the open house but we will be there.Now they are nit picking us , we have been there for three years with NO issues whatsoever. I heard they if they want to sell it as vacant they can "buy us out" of our lease and give us moving expenses as well. Is that true?

Answer: First and foremost, you should review the terms of your lease agreement to determine if there are any “early-termination” or “showing” clauses that may apply to your situation. Assuming there is no lease provision which applies, it is not unreasonable to ask the landlord for some concession (ie. reduction in rent) in exchange for accommodating the property showings. A.R.S. § 33-1343(D) states that a landlord is required to provide a tenant with 48 hour notice before entering the property (including a showing). The reality of the situation is that this timeframe may prove impracticable, especially as the landlord attempts to set showings around the schedules of prospective buyers. You should note that A.R.S. § 33-1311 imposes a duty on both tenants and landlords to operate in good faith in their respective roles as landlord and tenant. As such, it is important that you comply with your obligation of good faith, and it is a good idea to document the interactions you have with the landlord regarding the property showings and sale of the home. While there is nothing requiring that the landlord release you from the remaining lease term because of their desire to sell the property, there is nothing to prevent you and the landlord working together and coming to a mutual agreement on a lease term adjustment. The information contained in this answer is intended to be used as information only, and is not intended to be construed or interpreted as legal advice.