Do I have to use my landlord's Intent to Vacate form? (Arizona)?

This is an interesting question you raise. Section 33 of Arizona's Landlord and Tenant Act states the following:

33-1343. Access

"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."

It DOES NOT say you must always grant access provided the times are reasonable. There is a significant difference. If you were legally bound to give consent at all "reasonable" times it gives the landlord unfettered access to enter as often as he chooses as long as it is during so called reasonable hours. In my opinion that is not what section 33 is saying.

I believe what It is saying is that you as a tenant cannot be unreasonable about giving consent to the landlord's access. For example it would unreasonable for you to deny access if you are not home. You are not required to be home for the landlord to gain access into your suite- even if it is because you are concerned about things being stolen and want to be there. On the other hand if the landlord were coming in 15 times a day 7 days a week to show the suite it would not be unreasonable for you to lay down some boundaries. A little common sense needs to prevail on the part of the landlord when it comes to showing a suite and requires a fine balance between trying to rent the suite out as quickly as possible and respecting your right to reasonable privacy.

If Arizona law requires the landlord to give you 48 hours notice for consent then that is what your landlord must provide. He will have to schedule his viewing appointments in accordance with that requirement. That is not a difficult thing to do.

What you want to remember is that the more flexible you are about viewing times the better the chances are the landlord can rent the place out sooner. This works in your favour because the sooner he rents the suite out the sooner he'll be out of your hair.

Re: the $50 fee if you decline to allow access for a showing....

There is no way that would be enforceable. It would be considered a financial punishment and landlords simply do not have that legal right. By using that unethical tactic it sounds like what he's attempting to do is make sure you do not decline a viewing.

Bottom line? I suggest you do not sign the form your landlord has created. You are under no obligation to do so. You are of course required to submit written notice if you intend on vacating. In the notice you include such pertinent information as: full name, address that you will be vacating from and what day the tenancy will end. Sign it and give it to the landlord.

I also suggest you get together with your landlord and work out a schedule of dates and times that work not only for you but for your landlord. Hopefully you will come to a workable arrangement that works for the both of you.

You do have the right to hold him to the 48 hours notice each time he wants to show the place but while that is do-able it does make it more difficult for the landlord. What often works very well is to come up with specific dates and times that work for both of you. When I'm showing my properties that works very well for both me and my tenants. They know when I may be coming and what days I won't be there. Since I have their consent it saves me from having to give written 24 hours notice every time I want to show the premises.

Don't sign it or anything else. Just give a hand written,dated notice of your

intent to move out on a certain date. Keep a copy. You may wish to police any

showings as any missing objects would be difficult to prove or be compensated for.

this is a simple thing, if you sign the form you are allowing him to enter without notice whenever he chooses

the original no entry rule is negated by your acceptance of his form

You can use your own form if you like, but you cannot refuse a showing during reasonable hours (business hours) regardless of whether or not you're home.

The owner has a right to show his apartments during reasonable hours and with prior notice. He must give notice to enter the apartment, but its not a request. It's proper notice about what he is legally going to do.

As I read what you've said- "it states that I promise to make the premises available for showings at any and all reasonable times whether I am home or not"- you are not waiving your right to legal notice. To have waived that right, it would have to expressly say "without prior notice". In law, what isn't said explicitly isn't said. This is especially so when you are waiving a right.

And, I wouldn't agree to a $50 fine for anything. Never agree to pay fines unless you had to do it. Since its obviously not a condition of you getting the lease, then don't do it.

The landlord can't force you to use it, nor disregard a notice to leave letter. My advice is research landlord/tenant laws where you live and make sure you know exactly what you legally have to do https://housing.az.gov/general-public/landlord-and...

Whatever you decide to do, just remember when you sign you are signing a 'legal' document so nothing stops you crossing out the charge and adding your initials to that alteration, it is normal and reasonable to work with the landlord to enable viewings, it is not reasonable for him to charge you when the time is really inconvenient for you and he would have difficulty proving to a judge it is, however he is likely to take the charge from your deposit and you would then have to sue him to get it back.

You do not have to use his form.

Use the AZ state form and send it to him, keep a copy and ASSUME he will violate it. Keep a copy of it and get a camera set up for when he comes is unauthorized.

It depends on what is stated in the original lease you agreed to. If it states his form must be used then you must use it. But it doesn't require you to not take a big black marker to it to cancel out his added clauses.