questions & answers

Question: I understand there is a 48-hr required notice for showing a property occupied with tenants. If the tenant agrees says it is ok, is it ok to ask for an earlier showing, as long as I inform them that they are not obligated to allow it that early? Or would they still have legal recourse if they agree and is shown with less than 48 hr notice?

Answer: Under the Arizona Residential Landlord and Tenant Act, a 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.” However, “except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times” (A.R.S. 33-1343). The Act does not expressly address whether or not the landlord may enter with the consent of the tenant without two days’ notice, so it would probably be wise for a landlord whose tenant agrees to an earlier showing to get that agreement in writing (signed and dated by the tenant).