Archive for the ‘ Arizona Landlord Tenant Rental law ’ Category
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IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN
Security Deposit Maximum: Landlord cannot demand more than one and one-half month’s rent for a deposit and any prepaid rent combined. This does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance.
Security Deposit Interest: No Statute
Nonrefundable Fees: Allowed, but the fee must be specifically designated in the written lease agreement.
Separate Security Deposit Bank Account: No Statute
Pet Deposits and Additional Fees: Yes, but the total deposit must not exceed the limit of one and one-half month’s rent.
Deadline for Returning Security Deposit: 14 days
Require Written Description / Itemized List of Damages and Charges: Yes
Record Keeping of Deposit Withholdings: No Statute
Receipt of Deposit: No Statute
Failure to Comply: If the landlord fails to comply with Arizona law, tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.
Lease, Rent & Fees:
When Rent Is Due: Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day.
Rent Increase Notice: No Statute
Rent Grace Period: 5 days
Late Fees: No statute for residential dwellings. Late fees for mobile homes must not to exceed five dollars per day.
Prepaid Rent: Landlord cannot demand more than one and one-half month’s rent for the total deposit and any prepaid rent combined. This does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance.
Returned Check Fees: No Statute
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
Tenant Allowed to Repair and Deduct Rent: Yes, but only with proper notice, and a 10 day waiting period for non-emergencies. Withheld rent must not be more than $300 or one-half of the monthly rent, whichever is greater.
Landlord Allowed to Recover Court and Attorney Fees: Yes
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: Yes
Notices and Entry:
Notice to Terminate Tenancy – Fixed End Date in Rental Lease: No notice is needed as the lease simply expires.
Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more from lease expiration.
Notice to Terminate Tenancy – Week-to-Week Lease: 10 days from lease expiration.
Tenant Holdover: If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months’ periodic rent or twice the actual damages sustained by the landlord, whichever is greater.
Notice of Date/Time of Move-Out Inspection: Upon tenant’s request, landlord must perform a joint move-out inspection. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant. Landlord must provide a written notification to the tenant that the tenant may be present at the move-out inspection.
Lease Terminations / Notices to Quit:
Lease Termination for Nonpayment: 5 days to remedy or quit
Termination for Lease Violation: 10 days to remedy or quit, but only 5 days notice is required for noncompliance by the tenant with section 33-1341 materially affecting health and safety.
Termination of Lease for Falsification of Information: 10 days notice is required if the tenant falsified a criminal record, previous eviction record, or current criminal activity.
Immediate Lease Termination: Allowed, if tenant is responsible for illegal discharge of a weapon, homicide, prostitution, criminal street gang activity, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance, threatening or intimidating, assault, acts that have been found to constitute a nuisance or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord’s agent or another tenant or involving imminent or actual serious property damage.
Required Notice before Entry: Two days
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
Entry Allowed with Notice for Showings: Yes
Emergency Entry Allowed without Notice: Yes
Entry Allowed During Tenant’s Extended Absence: No Statute
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No
Utility Shut-offs Allowed: No. If the landlord fails to comply, the tenant may recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater. If tenant terminates the lease, landlord is required to return the entire security deposit.
Disclosures and Miscellaneous Notes:
Landlord Responsibilities: Landlord must maintain a fit premises
Tenant Responsibilities: Tenant must maintain a fit premises
Recording of Rental Property: An owner of residential rental property shall register the property with the assessor in the county where the property is located.
Name and Addresses: Landlord must disclose the name and address of the property owner and anyone authorized to manage the property.
Disclosure of the Landlord and Tenant Act: At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona department of housing’s website.
Move-In Documents: The landlord shall provide the tenant with a copy of a signed lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection.
Bedbugs: The landlord shall provide bedbug educational materials to existing and new tenants. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation.
Domestic Violence Situations:
Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
Termination of Lease: With proof to Domestic Violence status, a tenant is allowed to terminate the lease without penalty.
Locks: Landlords must change the locks if requested by a domestic violence victim, at the tenant’s expense.
Recovery of Losses: The offender in the Domestic Violence situation may be liable to the landlord for all losses incurred due to early lease termination.
Assumption of Retaliation: Landlord must not terminate or refuse to renew a lease, or reduce services, to a tenant who has filed an official complaint to a Government Authority, or has been involved in a tenant’s organization in the previous six months.
Tenant’s Personal Property:
The landlord shall hold the tenant’s personal property for a period of ten days after the landlord’s written declaration of abandonment. The landlord shall use reasonable care in holding the tenant’s personal property. Then, the landlord may sell the property to pay an outstanding debts. Any excess proceeds shall be mailed to the tenant at the tenant’s last known address.
Landlord must keep records of the sale for twelve months.