In the state of Arizona, a rental agreement can either be established orally or through a written lease agreement. And once the written rental agreement is established, both the residential landlord and tenant obtain certain rights and responsibilities pursuant to the Arizona Landlord and Tenant Act.
Understanding the Arizona landlord-tenant laws is of paramount importance to any Arizona residential landlord who has a tenant who already began to pay rent or is looking to sign rental agreements.
The following is a basic overview of the landlord-tenant law in regards to the rental unit.
Required Landlord Disclosures in Arizona
The residential Landlord and Tenant Act mandates landlords to provide tenants with the following information before rental agreement signing under Arizona law. If a landlord fails to do so, it could have repercussions under the landlord-tenant laws.
- Information about lead-based paint concentrations in the rental unit. This is a federal requirement specific for landlords who are renting out homes built prior to 1978.
- Information regarding bed bugs. You must provide your Arizona tenant with educational materials regarding bed bugs. And this is regardless of whether there are bed bugs in the home or not.
- The names and addresses of the parties tasked with the management of the property before submitting any rent payments.
- Information regarding the purpose of nonrefundable fees that you may require your tenant to pay
- A copy of the landlord-tenant laws prior to requiring the tenant to sign the lease agreement
- Information on how utilities are going to be shared amongst the parties if renting a multi-unit building
- A move-in checklist detailing the move-in condition of the home
- Disclosure on pool enclosure if renting out a unit that has pool access
Arizona Tenant Responsibilities & Rights
Your Arizona tenant has the following basic rights under the landlord-tenant Act. If a tenant fails to follow these regulations, they could be evicted. The right to:
- Require repairs be made within 10 days after requesting them at the landlords expense
- Live in a home that meets all the applicable safety, health and building codes or able to withhold rent.
- Live in the home without being discriminated on the basis of race, color, or any other protected class
- Enjoy their rented premises in peace and quiet in accordance with the Implied Covenant of Quiet Enjoyment
- Be issued a written notice and have the eviction process follow state eviction laws
- Have their security deposit returned within 14 days after moving out of their rented premises, even if a rent payment is missing.
- Terminate their lease agreement without being penalized for legally justified reasons. Such as, if starting active military duty or if the unit becomes uninhabitable.
- Be provided with certain mandatory disclosures as already aforementioned before giving a rent payment.
The list of tenant obligations and responsibilities under the landlord-tenant act is as follows.
- Keep the unit in a safe and habitable manner
- Allow landlord access for necessary repairs
- Pay the monthly rent payments as per any rental agreements signed
- Make small repairs at a reasonable cost and maintain the unit to the required standards
- Not to cause disturbances or annoyances to other tenants or neighbors that can cause issues at the landlord's expense
- Keep all fixtures clean and sanitary and to use them for their intended purposes
- Abide by all terms of the lease agreement
- Report all maintenance issues to the Arizona residential landlord within a reasonable period of time
Arizona Landlord Rights & Responsibilities
Landlords have the following rights under the statewide landlord-tenant act. Under Arizona state regulation, landlords have the right to:
- Enter rented premises to perform crucial landlord's obligations such duties or repairs
- Evict a tenant if the tenant fails to abide by the terms of the lease agreement
- Penalize a tenant for breaking their rental agreement early for legally unjustified reason such as unpaid rent or a late rent payment.
- Charge whatever rent amount you wish since there is no rent control law in place
- Require a security deposit from a tenant who wishes to occupy the unit
- Be served a proper notice by a tenant looking to move out of the unit
- Evict a tenant from their rental unit if they withhold rent without reason
- Receive a written notice from a tenant looking to be out of town for an extended period of time
On the other hand, landlords in Arizona have the following obligations.
- Respond to tenant repair or maintenance issues within a reasonable period of time
- Abide by the state’s security deposit rules if requiring a security deposit
- Abide by their stated rental agreement
- Follow the proper eviction process when removing tenants from their rented units
- Abide by the Arizona Fair Housing Act
- Not to retaliate against a tenant for exercising any of their rights
- Serve a tenant with a 2 days’ advance notice prior to entering their rented homes
- Provide tenants with the aforementioned disclosures prior to allowing them to move in
Overview of the Arizona Landlord-Tenant Law
1. Landlord Entry
Under Arizona state law, an Arizona residential landlord can only enter your tenant’s rented unit after serving them a 2 days’ advance written notice. You must also only enter for a legitimate reason. The following are common examples of such reasons.
- To inspect the unit for damage
- To show the unit to interested tenants, buyers, or lenders
- In case of an emergency
- To respond to a repair request
- If there are sufficient reasons to believe the unit has been abandoned
The entry must also be within reasonable hours or as agreed by the tenant. If a landlord fails to do this they can be in trouble, like the tenant's right to withhold rent.
2. Small Claims Courts
It is fairly common for landlords and tenants to engage in disputes or disagreements, whether over the rental agreement or otherwise. The reasons can be wide-ranging, from potential landlord harassment claims to disagreements in the security deposit deductions.
An Arizona small claims court can hear such disputes as long as the lawsuit doesn’t exceed $3,500. Eviction cases as well as written and oral contracts have a statute of limitations of 6- and 3 years.
3. Security Deposits
While you have a right to require a security deposit from your tenant, there are certain rules under the landlord-tenant act that you must abide by in Arizona. The following is a basic overview of such rules.
- You can only charge the equivalent of the rent for two months as a security deposit
- You must return your tenant’s security deposit (or whatever remains) within 14 days after they move out
- Wrongfully withholding your tenant’s security deposit can attract some penalties. You may be liable for paying up to double the original security deposit amount.
- You must only make allowable deductions to the tenant’s security deposit
- Early Lease Termination
Arizona tenants can break their lease legally and without penalty for certain reasons. They include:
- If the tenant fulfills the requirements of an early termination clause in the rental agreement
- If the tenant is starting an active military career
- In case of landlord harassment
- If the unit becomes uninhabitable
Beyond these reasons, you may have a right to penalize the tenant for leaving early. However, please note that Arizona landlords have a duty to “mitigate damages” after a tenant breaks their lease or rental agreement.
Bottom Line
If you're having trouble navigating the landlord-tenant law, try contacting Service Star Realty. We can help you understand Arizona landlord-tenant act, Arizona law, a rental agreement, and find success with your Phoenix rental property!
Disclaimer: This content is not a substitute for professional legal advice from a qualified attorney. If you have a specific question regarding the federal landlord-tenant laws in Arizona, Service Star Realty can help. We specialize in full-service property management in Phoenix and the surrounding areas.
Service Star Realty
2929 East Camelback Road #119, Phoenix, AZ 85016
(480) 426-9696
Author
