Question: Last month our son signed a one-year lease for a nice home in Tempe which he will occupy while attending Arizona State University. He has now learned that the landlord is behind on the mortgage payments, and that a foreclosure sale will eventually be scheduled. In the meantime the landlord desperately wants to do a short sale of the home. The landlord wants to hold open houses in the home every Saturday and Sunday between the hours of 1 p.m. to 4 p.m. Our son is very upset because he does not want real estate agents and prospective buyers walking through his home every weekend afternoon. Does the Arizona Landlord Tenant Law allow a landlord to require these types of open houses?
Answer: Probably not. Under A.R.S. § 33-1343 the landlord is entitled upon two days’ notice to enter the home at reasonable times to “exhibit the dwelling unit to prospective or actual purchasers….” The holding of open houses totaling six hours every weekend is probably more than simply exhibiting the home to prospective purchasers.