questions & answers

Question: My landlord issued a letter in May, stating that that was my 48 hour notice that she would begin showing my apartment to potential tenants. However, she is stating that she can show it from 12:30-7:30pm every day of the week with that notice. Is that legal?

Answer: The Arizona Residential Landlord and Tenant Act says that a landlord may request entry into a dwelling unit for any the following purposes: “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)). It also states that “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(D)). So one question may be whether or not the landlord’s proposed hours are “reasonable.” The Act specifies that “if the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month’s rent” (A.R.S. 33-1376(B)). So another question may be whether or not the landlord’s proposed hours would have the effect of unreasonably harassing the tenant.