questions & answers

Question: My landlord has given my work email and work phone number out to realtors so that they are contacting me not the landlord for showings of the house., on my work contact. The realtors are also asking for same day appointments etc because they do not realize that I am the tenant not the owner/landlord. Is this a violation of my privacy? I do not want these people to call me constantly at work. I didn’t even want them to know where I work, my schedule etc. I have kids at home when I’m at work and now I have to worry that the landlord is trying to come in when they are home alone even though he’s

Answer: The first step for tenants in this situation is to contact the landlord then send to the landlord a follow-up letter in writing. This is what the Arizona Residential Landlord and Tenant Act says about access: “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)). 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)). If a landlord abuses this right to enter, then the tenant may sue the landlord: “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)). If the tenant denies a legitimate request by the landlord, then the landlord may sue the tenant: “If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages” (A.R.S. 33-1376(A)).