What types of rental accommodations are covered by legislation governing residential tenancies in Arizona?
The Arizona Residential Landlord and Tenant Act covers rental of a residential property, such as a house, apartment, condo or mobile home.
What types of rental accommodations are NOT covered by this legislation?
The Act does not apply to rooming houses, hotels or motels, temporary housing, commercial premises, or mobile home lot rentals.
Is it necessary to have a written lease or rental agreement?
Leases or rental agreements can be either oral or written for rental periods of 12 months or less, but if the rental period is for longer than 12 months, the agreement must be in writing. The tenant must receive a signed copy of the agreement with all blank spaces filled in.
If the landlord and tenant do not formally establish a fixed term for the rental period, it becomes a month-to-month agreement and rent is due on the first day of each month.
What about a signed move-in move-out inspection report?
A signed inspection report is not required, however it is recommended to ensure that both parties agree on the condition of the rental unit at the commencement and the end of the tenancy. The tenant has the right to be present at the move-out inspection.
Can the landlord charge a deposit?
Yes, the landlord can charge a security deposit, but cannot require a tenant to pay more than 1 1/2 months' rent as a deposit unless the tenant voluntarily agrees to do so. All deposits, including cleaning and redecorating deposits, are refundable unless otherwise stated in writing.
The security deposit must be returned within 14 business days after the rental agreement has been terminated. A landlord can withhold part or all of a security deposit if the tenant owes rent or other reasonable charges specified in the rental agreement. The landlord must provide the tenant with written itemization of any damage costs.
When is the landlord allowed to increase the rent?
The landlord can increase the rent after the full term of a fixed-term rental agreement has expired, unless there is a written rental agreement which makes specific provisions for rental increases under certain conditions. If the agreement is month-to-month, the landlord can raise the rent only after providing 30 days' written advance notice to the tenant (10 days if the rental agreement is week-to-week). Rent can also be raised during the term of a lease to add any increase in the transaction privilege tax or other increase specifically agreed to in the rental agreement.
A landlord cannot raise the rent to retaliate against a tenant for complaining about housing code violations, for joining a tenant's union or for complaining about the landlord's failure to keep the dwelling fit for habitation.
Can the landlord levy additional charges for late rent?
If the tenant fails to pay the rent on time, the landlord can collect all reasonable charges specified in the rental agreement.
What services must be provided by the landlord?
The landlord must provide a rental unit which is safe, clean and habitable. Any appliances provided must be in good working order. The landlord must supply running water and reasonable amounts of hot water, as well as reasonable heating and cooling (if heating and cooling units are installed in the dwelling and they are offered as part of the rental agreement). The landlord must supply gas or electric utilities service.
How can a lease be terminated?
If the tenant does not owe any rent, a fixed term lease generally cannot be terminated before the end of the term. If the rental period is month-to-month and neither party is in violation of its obligations under the agreement, the agreement can be terminated by giving at least 30 days written notice (10 days for a week-to-week tenancy). The tenant must be allowed to be present during the move-out inspection.
The tenant has the right to terminate the agreement if the landlord has failed to make repairs affecting health and safety. The tenant must give 5 days' written notice requesting such repairs, and if the landlord fails to make them, the tenant may move out after the end of the 5th day.
When is the landlord permitted to enter the premises?
The landlord may enter the premises to inspect, make repairs, alterations, decorations or improvements at all reasonable times, upon at least 2 days' advance notice to the tenant, except in the case of emergency, when the landlord may enter without the tenant's consent. The tenant must allow the landlord to enter the premises for repairs, inspections, etc at reasonable times after receiving proper notice.
The tenant must also allow the landlord to show the premises to a prospective tenant, buyer, contractor or mortgagee, provided the landlord gives the tenant at least 2 days notice.
On what grounds can a landlord evict a tenant?
If the tenant falls behind in rent, the landlord must give written notice that the tenant has 5 calendar days in which to pay the past due rent, or the rental agreement will be terminated and the tenant will be evicted. This written notice can be given either by personal delivery, or by certified or registered mail, at any time that the rent is past due. If the tenant does not pay the rent, the landlord can file a forcible detainer complaint in the Justice of the Peace Court on the 6th day. The court will issue a summons ordering the tenant to appear in court to show why they should not pay rent or vacate the premises. If the tenant fails to appear or to provide the court with appropriate reasons, the court will issue a Writ of Restitution (an eviction order).
The landlord can also evict a tenant if the dwelling is not maintained or the tenant causes damage to the dwelling.
The landlord can evict a tenant immediately if the tenant engages in any of the following activities in the rental premises: illegal discharge of a weapon; prostitution; criminal street gang activity; unlawful manufacturing, selling, using, storing, keeping or giving of a controlled substance; or infliction of serious bodily harm. Threatening or intimidating behavior or falsification of a document may also be grounds for immediate eviction.
A landlord cannot keep a tenant's belongings in place of rent money owing. A landlord cannot lock a tenant out or intentionally cut off electric, gas, water or other essential services, until 1 day after an eviction order signed by the court has been served on the tenant. A tenant may be entitled to 2 months' free rent (or twice the amount of damages suffered by the tenant) if the landlord wrongfully locks the tenant out or intentionally cuts off essential services.
A landlord cannot refuse to rent to families with children unless the rental premises are in a subdivision or area which is restricted to adults only (by formal deed restrictions) or which qualifies as housing for older persons, under the Fair Housing Act.
A landlord cannot refuse to rent to someone based on race, sex or disability.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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