by Zona Law Group

Q:  My lease provides that I have to give my tenant 48 hours notice before entering.  I am trying to show the property to potential tenants and even potential buyers, as the lease is expiring in a month.  I have tried to work with the tenants but they are telling me no one should enter and threatening me that if someone does enter, and the tenants get sick from COVID-19, they will sue for damages. What can I do?

A: First, remember that the Arizona Residential Landlord and Tenant Act requires a two-days notice which may not even be 48 hours’ notice.  Therefore, your lease should reflect that.  Second, under the law, you have a right to enter your property after valid notice.  If the tenant refuses, you can serve a second notice and then evict if the problem continues.  If the tenant is in quarantine, you may not wish to enter.  However, if the tenant is not sick, you have a right to enter but you should wear masks and gloves and follow appropriate social distancing guidelines when in the unit to protect yourself and your resident.  This is likely the appropriate standard of care.  Remember, if you are ever sued for harming someone, the question is whether your conduct fell below the applicable standard of care.

Mark B. Zinman, Attorney

Information contained in this article is for informational purposes only and should not be considered legal advice. You should always contact an attorney for legal advice and not rely on information published here.

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