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Arizona Tenant-Landlord Law

by Caroline Cronin

Arizona-Landlord-Tenant-Law-Fast-Facts

Security Deposit

  • In Arizona, landlords are not allowed to ask for more than one and a half month’s rent as a security deposit (Ariz. Rev. Stat. Ann. §§ 33-1321(A)). Whether or not the security deposit is refundable must be included in the lease agreement. Landlords can commingle security deposits with other funds if they choose, but they do not have to, as there is no statute in place.
  • After termination of lease, landlords are required to return all or part of the security deposit within 14 days of the tenant moving out (Ariz. Rev. Stat. Ann. §§ 33-1321(D)).

Rent and Late Fees

  • Both the landlord and the tenant should agree on when and where the rent will be due to, as well as how much rent will be. This should all be laid out in the lease agreement (Ariz. Rev. Stat. Ann. §§ 33-1314(C)). Rent is usually turned in at the beginning of the month. There is a no statute for a grace period for turning in rent at residential dwelling, though if your landlord has one, it should be laid out in your lease agreement. In manufactured homes, there is a 5 day grace period for late rent (Ariz. Rev. Stat. Ann. §§ 33-1414(A4)).
  • There is no statute in Arizona for late fees in residential dwellings. However, there can be late fees in manufactured homes. Late fees must not exceed $5 per day (Ariz. Rev. Stat. Ann. §§ 33-1414(C)).

Notices and Entry

  • In Arizona, different notices must be made based on the type of rental it is. For a month-to-month lease, at least 30 days notice must be given if the landlord or tenant chooses to terminate the lease. For a week to week lease, only 10 days notice needs to be given (Ariz. Rev. Stat. Ann. §§ 33-1375(B)).
  • If the tenant wishes, he/she and the landlord can participate in a move out inspection together. However, the landlord must give the tenant a written notification stating that he or she may be present at the inspection (Ariz. Rev. Stat. Ann. §§ 33-1321(C)).
  • If the landlord chooses to terminate a tenant’s lease due to nonpayment of rent, the landlord must give the tenant a 5 day notice to remedy or quit. For violation of lease agreement, the landlord must give a 10 day notice to remedy or quit. However, this is only 5 days if the violation affects the tenants health and safety (Ariz. Rev. Stat. Ann. §§ 33-1368(A) and 33-1314).
  • Landlord must give tenant 10 days notice if terminating lease because tenant falsified records such as criminal records or eviction records (Ariz. Rev. Stat. Ann. §§ 33-1368(A2)).
  • Lease can be immediately terminated by landlord if any of the following occur:
    ** Tenant is responsible for illegal discharge of a weapon, homicide, prostitution, criminal street gang activity, unlawful manufacturing transferring using selling or storing of a controlled substance, assault, nuisance, or violating the lease in a way that threatens the safety of the landlord, their agent, another tenant, or the property itself (Ariz. Rev. Stat. Ann. §§ 33-1368(A2)).
  • Landlord must give at least 2 days notice before a non-emergency entry. This could include non-emergency repairs, maintenance, andshowings. For emergencies, landlord does not need to give notice before entering (Ariz. Rev. Stat. Ann. §§ 33-1343).

Repair laws

  • Tenants may repair themselves and deduct from rent, as long as the landlord has been given proper notification. The tenant must then wait 10 days after notifying for the landlord to respond. Withheld rent must not exceed $300 or one and a half month’s rent, whichever is larger (Ariz. Rev. Stat. Ann. §§ 33-1363).

Disclosures

  • It is the landlord’s duty to maintain the building in a manner that is safe and habitable (Ariz. Rev. Stat. Ann. §§ 33-1324). It is the tenant’s duty to maintain their unit, letting the landlord know when repairs need to be made, and is not allowed to neglect or intentionally damage the property (Ariz. Rev. Stat. Ann. §§ 33-1341).
  • The landlord must disclose to the tenant the names and addresses of the property owner and anyone authorized to manage the property. Before the lease even begins, the landlord must give the tenant written notice that the AZ Residential Landlord and Tenant Act is available on the AZ Department of Housing website. This is a 50 page document that outlines the obligations and general provisions of both the tenants and the landlords. (Ariz. Rev. Stat. Ann. §§ 33-1322).
  • The landlord is obligated to provide the tenant with a copy of the lease, a move-in form which specifies any damage prior to the tenant moving in, and a written notice that the tenant may be present at the move-out inspection (Ariz. Rev. Stat. Ann. §§ 33-1321(C)).
  • The landlord is not allowed to create a lease agreement with a new tenant if he/she is aware that the unit is infested with bedbugs. Even without a bedbug infestation, landlords must give tenants bedbug information materials to new tenants (Ariz. Rev. Stat. Ann. §§ 33-1319).

Eviction Laws

Landlords may evict a tenant for failure to pay rent, but must first give them a 5 day notice to remedy or quit. (see Notices above)
Landlords may evict a tenant for violation of the lease agreement, but must first give them a 10 day notice to remedy or quit (see Notices above).

While we hope these do not happen to you, here are some simple steps to follow. We recommend consulting a local lawyer in advance as well.


Eviction Step #1: Inform your tenant with an official notice

An official notice is posted to the tenant. Typically, although this varies based State and county, the landlord hands the notice to the tenant in person, or posts the notice to the door if the tenant is not home. You also may need to send a copy via certified mail.

Eviction Step #2: Wait for the tenant to respond

When it is failure to pay rent, the tenant has 5 days to pay you otherwise the eviction notice can be filed with the courts.

When there is another lease violation (e.g. subletting), the tenant has 10 days to resolve the violation from the point that the eviction notice is served. Otherwise the eviction notice will be filed with the courts.

Eviction Step #3: File with the court

If the tenant has not paid you within the time period outlined in Step #2, then file with the local courts for the official eviction. Both you and the tenant will receive a specific date for the hearing.

Eviction Step #4: Attend court date

You or your lawyer will want to attend the court hearing and bring proper documentation of the lease violation with you. You should prepare to bring the following, at a minimum:

  1. Your lease agreement
  2. Evidence of payment failures / history
  3. Proof that you served the tenant (Step #1)
  4. Any communications or other helpful records

Eviction Step #5: Sheriff to remove the tenant

If the tenant does not leave on their own, then you have a right, within a certain amount of time, to request for a sheriff to remove the tenant.

Eviction Step #6: Collecting damages

Most likely, the tenant owes you money for the lease violation. Here are some ways to collect money from the damages:

  1. Garnish wages
  2. File in small claims court
  3. Use a private debt collector