QUESTION

I''m listing my house. I have a month to month lease with a college student to rent one of my rooms. She seems to think she has the right to 48 hour

Asked on Feb 25th, 2012 on Real Estate - Arizona
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notice even with she is out of town - written no less. What are my rights as the owner of the property on showing the property?
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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I will say first that I am not licensed to practice law in your state.  Whatever I say is subject to confirmation that Arizona law does or does not provide for such a 48 hour notice.  Now, having said that, let me address what I think are the likely important considerations: There are practical considerations to your problem - not just legal.  For example, a tenant has an expectation of privacy and ordinarily would not want anyone in her home or room when she is not present, and a tenant will ordinarily want adequate notice so that the home/room can be cleaned and made presentable for someone to see.  The request for adequate notice is therefore reasonable whether the law imposes certain standards or not. Another practical consideration has to do with the possibility of theft or something just being lost or misplaced.  If anything goes missing -- and you or your prospects have been in the room -- you will become the prime suspects even though you are totally innocent.  If I were a lessor (whether it be a house or a room), I would not want to subject myself to any such possible suspicion by going into my tenant's house/room. If you cannot work out a reasonable schedule to provide the notice she requests, you should terminate the month-to-month rental agreement by giving her the notice required by State law and then you can show the room any time you wish. If you wish to know the specific notice requirements for terminating such a lease (or for showing a house/room that is under a lease), make an appointment for a conference with a good real estate attorney in your area.  To know the specific information you desire would be worth a modest conference fee.     
Answered on Feb 27th, 2012 at 7:54 PM

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