Whether you are a landlord or tenant, there are likely to be legal issues or questions that will arise during the normal course of your lease. The Arizona Residential Landlord Tenant Act governs the rights and obligations of both parties in agreements for standard rental housing in the state. To help simplify understanding your rights in an Arizona landlord tenant dispute, we put together an overview of the key points for both parties in rental agreements.
Arizona Tenant Rights and Obligations
The basis for the Arizona Residential Landlord Tenant Act (“Act”) is to establish the legal protections available to every renter in the state. There are a few important rights that every renter should know. First and foremost, every renter should be familiar with the act – and the deadlines provided before they take any action. If you have any questions, please consult an attorney who can explain the law and answer any questions you may have. The attorneys at RSN Law are well-versed in the Act and can help. Now the Act makes equal housing opportunity the standard for all renters and creates seven protected classes, which means that people cannot be restricted from a rental opportunity because of their race, color, disability, religion, sex, national origin, or family status.
The Act also details all tenants have the right to full disclosure of rental payments, due dates, penalties and fees for late payments. Tenants also have the right to a maximum security deposit that can be charged of one and a half times the monthly rental rate. Tenants can also request a walk-through inspection before moving out and the landlord must detail any damages that will require keeping a portion of the security deposit. Tenants are also able to withhold rent payments if the landlord does not handle repair requests for certain essential items. These requests for repair should always be made in writing to document when the requests are made. Tenants always have the right to be notified by the landlord at least two days before the landlord plans to enter the property. Again, the Act is very time detailed and time oriented, so make sure you consult the Act or an attorney before taking action.
There is also a special section of the Arizona Landlord Tenant Act which addresses bed bugs because of the invasive nature of an infestation. For instance, every landlord must provide new tenants with educational material on spotting and dealing with bed bugs. Landlords cannot allow a tenant to move into a rental property with a known bed bug issue. Tenants are also responsible for not moving into a unit with known bed bug issues and they must notify the landlord immediately of any bed bug infestation.
Arizona Landlord Rights and Obligations
The Arizona Landlord Tenant Act also details the rights of landlords as well and lays out certain obligations for them when they rent their property. For instance, Landlords cannot restrict their property or discriminate against any of the protected classes. Landlords must follow certain disclosure laws related to the rental amounts, payment due dates, and penalties for late payment.
Landlords do have the right to provide a notice to quit the lease if a breach of the rental agreement by the tenant is not cured in the allotted time. Landlords also have the right to terminate a rental agreement immediately if the tenant creates a health and safety hazard or commits crimes on their property. As a landlord, any instances of these should be handled carefully and the appropriate authorities should be involved as soon as possible if you suspect a crime is being committed on your property by a tenant. Without proper process and handling by law enforcement authorities, a landlord would open themselves up to additional risk and claims of discrimination.
Handling Arizona Landlord Tenant Disputes
Whether you are a landlord or tenant, it is vital to handle any disputes in a professional manner through the appropriate channels. This starts with documenting every step taken as part of the process to resolve a dispute. If you feel you’ve documented the appropriate responses and the other party is still in breach of their duties and responsibilities, then you are likely going to have to take next steps in the appropriate legal channels. RSN Law routinely represents landlords and tenants in disputes and regularly provides advice before entering into leaseholds. Our firm can review your case and help you pursue a resolution in the appropriate manner. In our experience, it is vital to enlist the assistance of an experienced Arizona real estate attorney early before a dispute escalate.
Impact of CDC Eviction Moratorium in Arizona!
The CDC extended the moratorium at the end of March and it has created some avenues for help and potential legal issues that landlords and tenants will want to understand. For tenants that might be struggling to pay rent, there are some resources for rental assistance to avoid eviction that you’ll want to leverage as soon as possible. The Arizona Department of Housing has a rental assistance web page setup for all counties in the state. The program saw unprecedented applications last year before exhausting all available funds so it’s something that you should not wait to pursue if you need help with rent from a pandemic related issue.
For landlords, this extension can create some issues if a tenant is not paying rent and they have to continue paying the mortgage and taxes on a property. Landlords can apply for assistance on the same page if their tenants have fallen significantly behind on rent and they are struggling to make their payments on the property. RSN attorneys can help review your situation and agreement with a renter that has fallen significantly behind on their payments and lay out the best course of action for a fair resolution.
Hire an Experienced Arizona Real Estate Attorney
Arizona landlord tenant disputes can get complicated if they rise to level of personal arguments. Understanding your rights and obligations under the Arizona Landlord Tenant Ace is important to handle any issues that might arise, but that does not replace the experience of real estate attorneys with decades of experience on landlord tenant disputes of all types. RSN attorneys can help draft and review rental agreements, assist with proper notifications and pursue a fair resolution when both parties cannot agree on the appropriate next steps. Contact RSN Law today at 480-712-0035 to schedule a consultation or use our contact us page to make an appointment.
RSN Law intends this article to be for informational purposes, not to be relief on a specific legal matter, and does not create an attorney-client relationship.