questions & answers

Question: I have a tenant in my home and they are moving out In September when there lease is up, so I have decided to sell my home and put it up on the market wirh my realtor. I have informed them of what Im going to do. My realtor has called me and informed me that my tenants will not allow her to do open house, or have realtors comevin and show the house. They said no one allowed in the home! My realtor stated that she can do this when one of the tenants is home and they still said no! I can't wait for them to move out because I cannot afford 2 mortgages, so this house needs ve showned. What can I do

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a landlord must always obtain the permission (or “consent”) of a tenant in order to enter that tenant’s dwelling unit, except in the case of an emergency (A.R.S. 33-1343(C)). Except in the case of an emergency, or if it is impracticable to do so, the landlord must give the tenant at least two days’ written notice of the landlord’s intent to enter the dwelling unit and the landlord may do so only at reasonable times (A.R.S. 33-1343(D)). Under Arizona law, once the tenant has received this notice, and at least two days have passed, the tenant may not “unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors” (A.R.S. 33-1343(A)). A tenant who refuses to permit the landlord (or the landlord’s realtor, etc.) to enter the dwelling even under these circumstances is in violation of the law and in breach of the rental agreement, which is grounds for the landlord to inform the tenant of the landlord’s intent to seek the tenant’s eviction if the tenant continues to withhold the tenant’s consent.