Arizona Real Estate Law Requires Notice to Enter Home, Tenant Must Allows

A home was recently purchased in Surprise from a California investor. The investor had leased the home to a tenant under a lease which now has a few months left. The plan is to sell the home as soon as possible, and hopefully close on the sale to the buyer at the same time as the tenant’s lease expires. At least three different times the new owner gave the required two days notice to the tenant to show the home to a prospective buyer. On previous visits, the tenant had an excuse such as sickness and refused to let me in the home. However the last time the new owner went to the home with a prospective buyer, the tenant slammed the door in my their face and understandably, that prospective buyer is not interested in purchasing the house. Is it necessary for the owner of the home to get a court order to get access to the home?

According to Arizona real estate law, the owner of the home is required to give at least two days notice to the tenant of the intent to enter the home (A.R.S. §33-1343), and the owner of the home is required to enter the home only at reasonable times, e.g., 2:00 p.m. If the owner of the home has complied with these two requirements, the tenant is in breach of the lease. Under A.R.S. §33-1376(A) the landlord is entitled to get a court order to allow access, or is entitled to terminate the lease and get a court order to evict the tenant. Therefore, the new owner should contact an attorney to get a court order either to allow access or to evict the tenant.

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