Can Landlord Show Property While You Are Still Occupying It?
Question: I am a tenant in a luxury home in North Scottsdale. The landlord is trying to sell this home, and the landlord’s listing agent wants to show this home to potential buyers. I have valuable art work, furniture, and other items of personal property in the home. Do I have to let the listing agent have access to my home?
Answer: Yes. A residential landlord is the owner of the home, and is entitled to reasonable access to the home. This reasonable access generally requires at least two days’ notice, and access can only be reasonable, e.g., once a day; and at reasonable times, e.g., after 9:00 a.m. and before 6:00 p.m. Therefore, if the landlord gives you the proper notice, the listing agent as the landlord’s representative is entitled to show the home to potential buyers. If you are worried about damage or theft of your valuable personal belongings, you are entitled to stay at the home during the listing agent’s showing to potential buyers.
Note: In Arizona, the landlord’s access notice can be given by the landlord in writing, in person, or over the phone. If, however, the tenant requests for maintenance to be done on the home, then the two day notice period does not apply, and tenant’s consent is assumed. Absent two days notice or the consent of the tenant, a landlord may only otherwise enter the home in emergency situations.