questions & answers

Question: I am a landlord and I have already given my tenant a notice to vacate my property in 30 days. I had also asked her for permission to enter the property so that I can show it to the prospective renters. I had sent a letter regarding this 7 days in advance. To this her reply was that no matter what I cannot enter my own property. What are my options?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), “the tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to … [among other things] exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors” (A.R.S. 33-1341). (The landlord must give two days notice and enter only at reasonable times.) A second, letter to the tenant may be warranted in this situation – especially given that the tenant may not be aware of her legal obligation to permit you to enter the unit in order to show it other prospective renters. From a practical perspective, there may not be much you can do within the next several weeks – but, in theory, at least, if the tenant gave you a security deposit, and you suffer demonstrable monetary loss due to her breach of the rental agreement, then you may have good cause to retain an amount equal to whatever reasonable cost you incurred.