FACTS:        

The single-family residence is currently rented to a tenant.  The seller has listed the residence for sale and his agent has put a lockbox on the door.  The tenant has complained, claiming that a lockbox and people entering the premises without adequate notice is a violation of the Landlord/Tenant Act.

ISSUE:                      

Is the lockbox on the door in violation of the Landlord/Tenant Act?

ANSWER:                

See discussion.

DISCUSSION:         

The landlord must provide the tenant at least two days’ notice of an intent to enter.  See A.R.S. 33‑1343.  The same statute provides that a tenant must allow access for, among other things, prospective purchasers to view the property.  Thus, although the tenant is obligated to make the premises available for a showing by statute, the tenant must receive at least two days’ notice before such a showing.  Therefore, provided the tenant is given the required statutory notice for a showing, the practice does not violate the Landlord/Tenant Act. 

Note:  Because of the tenant-friendly nature of the Residential Landlord Tenant Act, placing a lockbox on a rented residential property is a high-risk proposition.  Allowing other potential agents to access the property without complying with the Landlord/Tenant Act creates potential liability for the seller and the listing agent.