questions & answers

Question: I'm trying to rent or sell my home which is currently rented. Tenant doesn't want anyone in the home & won't respond to my calls & emails. Do phone messages & emails fullfill the requirements for 2 day entry notice or must i post a notice on door? If so, would you tell me where in the AZ landlord tenant act is notice for entry? Also, for viewing purposes, if I have a viewing for a prospective tenant, may I give a 2-hour window then call the realtor so she can post that realtors may show the home during that 2-hr time too?

Answer:

The Arizona Residential Landlord and Tenant Act can be found in A.R.S. 33-1301 through 33-1381.  Arizona law permits the landlord and tenant to create their own agreement as to most terms in the lease.  Unless the law specifically requires or prohibits a certain provision, anything agreed to in the lease will control. A.R.S. 33-1314(A).  "The tenant shall 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.  However, a landlord must provide at least two days advance notice to the tenant, except in the case of an emergency.  A.R.S. 33-1343. 

Giving notice requires the landlord to take "steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it."  A.R.S. 33-1313.  Therefore, phone messages and emails may or may not be sufficient notice, depending on the circumstances.  As stated above, much may be controlled by the language of the lease.  To determine whether this would be sufficient notice or to discover whether a landlord's right to enter the premises may be given over a realtor, it is necessary to consult a licensed attorney.