Are you a tenant or landlord in Arizona looking for measures to co-exist with both parties within the rental apartments? The Arizona landlord-tenant laws are here for your rescue as they state the landlord's rights and responsibilities. These laws also give tenants privileges to enjoy while under any rental unit and all their responsibilities and limits.
This makes every party responsible and gives them a right to sue the wrong party when they have enough evidence to convince the court of law. Plus, the laws enable both the landlords and tenants to act in “good faith” where honesty and fairness prevail.
Read on and understand the Arizona residential landlord and tenant Act for rented apartments and condos.
Eviction and Termination Laws
Arizona eviction processes (special detainer actions)allow landlords to evict a tenant if they violate the lease or rental agreement. A landlord can terminate a tenancy if the tenant fails to report a criminal record. In this case, the landlord must give the tenant a 10-day move-out notice before filing for eviction.
Another reason a landlord can file for eviction is when the renter fails to pay rent on time or engages in criminal activities. Before evicting a tenant with cause, the landlord must give them at least 5 days' notice. But if the Arizona residential landlord gives an unconditional quit notice, they might need legal advice to make the tenant leave.
However, a landlord who wants to evict a tenant without a cause after making a one-month lease agreement must give a 30-day notice. A tenant who fails to vacate the premises after the 30 days elapses can face a lawsuit from the landlord.
Note that in Arizona, a landlord cannot evict a tenant without a court order. So, it is impossible to change locks or force a tenant out as self-help eviction laws protect the tenants.
On the other hand, the Arizona Landlord and Tenant Act allows tenants to terminate their tenancy before time. The instances that facilitate this include when they're undergoing domestic violence. It could also be due to uninhabitable housing conditions or retaliation by the landlord. Before terminating the lease, the tenant must provide a written notice to the landlord days before leaving the property.
Rent Payments and Late Fees Rules
The laws permits Arizona landlords to charge any rent amount as there are no rent control measures here. In some cases, landlords request potential tenants to pay the rent before moving in. Plus, some also require a 1 ½ month security deposit.
However, there are circumstances where the tenant can withhold rent, like if the landlord doesn't provide essential services. A tenant who withholds rent without a reason can face a lawsuit.
Arizona laws don't legally hold a landlord liable for charging late rental payment fees. This makes most of them charge rental fees to tenants who fail to pay rent on time.
However, in mobile homes, the landlords can charge late payment fees of less than five dollars daily. This is because there is no grace period for residential properties. However, some landlords include this in their rental agreements.
Mobile Homes Laws
Rental Mobile Homes by Freepik
Arizona tenants can also opt for the mobile homes instead of the residential apartments. If a tenant likes such a rental home, then they must be ready to follow different lease rent payment agreements.
The Arizona landlord-tenant laws accept five dollars daily for late rent payment fees. However, there is a grace period for rent payments for the mobile home lease, as landlords can only charge the fees after 5 days.
Security Deposits
As a tenant in Arizona, expect to pay a security deposit depending on your landlord’s wish. This is because no law requires them to include it in the Arizona rental agreement laws. However, as a landlord, if you decide to charge security deposits on your residential properties, ensure you follow the set guidelines. For example, the security deposit shouldn't be more than 1 ½ months of rent.
Moreover, if a tenant vacates the rental unit, the landlord must refund the security deposit within 14 days. Failure to which the tenant can file a lawsuit. Tenants also have a right to charge the landlord for damages twice the security deposit.
However, there are instances where the Arizona residential landlord may withhold the security deposit. This is if the tear and wear on the property are unfathomable, or the tenant has unpaid rent or violates the lease agreement.
Domestic Violence and Ending a Lease Agreement
Arizona laws permit a tenant undergoing domestic violence to terminate a rental agreement without penalty. However, the tenant must provide a 30-day written notice to the landlord through certified mail. The letter must include the following:
- A written report by the departmental law enforcement agency proves the tenant sought help from the enforcement agency after a domestic violence scenario.
- A copy of the protection order. A landlord may also request a receipt showing the protection order was submitted to an authorized court officer.
After meeting the set requirements, the tenant should not pay any future rent or termination penalties.
Rental Disclosure Laws in Arizona
Arizona is a landlord-friendly state because it has low property taxes and is the best place for rental properties. It attracts more renters and landlords. So, the laws also give landlords responsibilities and the tenants priority. The Arizona state laws require the landlords to disclose certain information regarding the rental units. The information to tell tenants before occupancy includes:
Lead-Based Paint
Landlords with rental units built before 1978 must give the potential tenant enough information regarding the amount of lead-based paint used. This makes the tenants ready for any lead paint-related remediations.
Bedbugs
As a landlord, provide the tenants with enough educational materials about bedbugs. Furthermore, it's unacceptable for landlords to enter into a lease agreement if the apartment contains bedbugs. The tenants are also not allowed to bring bedbug-infested items into the building willingly. They should also notify the landlord if they suspect bedbug infestation in the apartment.
Security Deposits
The other information in the landlord disclosure requirements is the security deposits. Let the tenants know if you charge a security deposit. Also, tell them the amount and their tenant rights in Arizona regarding the same.
Copy of Lease Document
Provide the tenants with a copy of the lease agreement before they occupy the apartment. This allows them to know what to do to avoid disagreements.
Name and Address of Agents
Give the tenants the names and addresses of the rental unit management or agents. The agent should be in charge of the premises, and the property owner's name is important, too.
Notice of Entry Laws
Arizona rental property owners can access their properties during repairs or for maintenance. Alternatively, the tenants should allow them to access the property for inspections or property showing. But this should be after giving a 2-day notice before entering. However, landlords may legally access the property during emergencies without prior notice.
Remember, a landlord may enter the rental unit at reasonable times and should not misuse their entry rights.
Rental Application and Tenant Screening Laws
Rental application form by Freepik
Arizona landlord-tenant laws don't restrict the amount landlords can charge as application fees. The landlords also decide on the tenant screening fees by themselves as there are no laws regarding this or the inquiries they include in the application fees.
Moreover, the landlords can screen prospective tenants. However, the Fair Housing Act protects tenants during screening.
Rental Agreement Laws
A lease agreement under the Arizona laws provides both the tenants and landlords with their rights and responsibilities for a healthy relationship. So, both parties must sign a written agreement depending on the duration of the tenancy. For example, there is a lease of one year, a monthly lease.
If the landlord wants to make lease agreement changes, they must notify the tenant through a 30-day notice. The changes can be due to rent increments. On the other hand, tenants who want to quit before the expiry of the lease agreement must give the landlord enough notice. For month to month lease, the tenant should write a 30-day notice before they leave the residence.
Repair and Maintenance Laws
Tenants should get a 10-day notification from landlords before the planned repair dates. Alternatively, the Arizona laws allow the landlords to give a reasonable repair timeline. If the landlord fails to repair water, gas, or electricity systems, the tenant has a right to repair and deduct from their rent.
This tenant’s remedy saves both parties from disagreements resulting in a negative relationship. As a tenant, you can also withhold rent if the landlord fails to repair the house after the 10-day notice elapses.
Retaliation Laws
Laws in Arizona state also prohibit retaliation against tenants who sue the landlord for health or safety violations. Remember, in A.R.S section 33-1324, it's the landlord's responsibility to maintain fit premises. Such retaliatory actions like increasing rent or evictions can result in legal action by the tenants. The Arizona rental agreement laws enable such tenants to regain the rental unit, recover up to 2 month's rent, or terminate the rental agreements.
Bottom line
Since about 44% of apartments in Arizona are renter-occupied, landlords and tenants should build a positive relationship. Such a relationship best works if both parties follow the Arizona state laws, which state the rights and responsibilities of renters and landlords.
For example, it is the right of the landlord to provide a safe and healthy environment for the tenants. On the other hand, tenants should pay rent on time, maintain the property in the right shape, and enjoy privacy rights.
However, meeting some of your obligations on time can be challenging as a landlord, especially if the rental units have not started bringing in steady income. You can lack money for repairs or legal fees. Consider getting landlord or rental property insurance in Arizona before the rental agreement starts to cover any accidental damages.
