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We've been renting a condo for six years in Prescott, AZ.

Customer Question
We've been renting a...

We've been renting a condo for six years in Prescott, AZ. The landlord has put the condo on the market to sell for the past three summers and last year it went all the way through October. He has a new realtor that wants to come video and get it on MLS again. The landlord will not put a realistic price on it, so we show and show it and it does not sell. I have major health issues and he has taken away my right to peace and enjoyment of living here. Do I have any rights?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No.

Lawyer's Assistant: Have you talked to an AZ lawyer about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our lease is up in July. He has never mentioned selling or listing condo in any of our lease or lease extension paperwork. We've been excellent tenants..

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
3/20/2018
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,567
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately, the landlord has a right under AZ law to have access to the property for the purpose of exhibiting it to prospective purchasers, as long as he provides at least 2 days advance notice.

.

A.R.S. § 33-1343 governs the landlord's right of access:

A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit 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.

B. If the tenant notifies the landlord of a service request or a request for maintenance as prescribed in section 33-1341, paragraph 8, the notice from the tenant constitutes permission from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section for the sole purpose of acting on the service or maintenance request.

C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

D. The landlord shall not abuse the right to access or use it to harass the tenant. 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.

E. The landlord has no other right of access except by court order and as permitted by sections 33-1369 and 33-1370, or if the tenant has abandoned or surrendered the premises.

.

.

With that said, if your lease is up in July, then if you don't want to continue to have to go through the owner's unrealistic attempts to sell, you may want to consider looking for a new place..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

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