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ARIZONA CIVIL LEGAL NEEDS COMMUNITY SURVEY
Civil legal organizations in Arizona are seeking your input to increase their ability to meet the civil legal needs of Arizona's lower income residents. Please complete this survey to assist in improving civil legal services in Arizona.
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Arizona Legal Needs Survey Need Court Help? Need Court info?Rights, Responsibilities, and Remedies
Arizona Landlord Tenant Law
The Arizona Residential Landlord and Tenant Act (ARLTA)is the law governing most private, residential, rental agreements. In other words, the ARLTA provides tenants and landlords with rights, obligations and remedies in the rental relationship. Copies of the ARLTA are available at the Secretary of State’s web site and Community Legal Services. If you are experiencing housing problems, contact a legal aid group in your area.
Protecting Your Rights
Keeping Receipts and Notices
The inability to prove the truth is the most common problem tenants face when issues arise in their relationships with landlords. In order to better protect your rights, keep copies of all payments and notices exchanged between your landlord and yourself. Additionally, require your landlord to put all agreements in a writing s/he signs and dates. If you anticipate a problem, try to get additional evidence, such as witnesses or photographs.
Eviction
Landlords may evict tenants for a variety of reasons, however, all eviction notices must be in writing. The amount of time a tenant has to either vacate the premises or fix the problem, if possible, is dependent upon the type of eviction. For example, if it is discovered you have an unauthorized pet, the landlord could give you 10 days to either vacate the premises or get rid of the pet. If the problem involves such things as criminal activity or threatening other residents or apartment staff, the required notice to vacate is 24 hours and there is no opportunity to fix the problem. Once an eviction notice is given, there is a very short period of time, sometimes as little as 2 days, before a trial may be held. If you receive an eviction notice, you are encouraged to seek legal assistance as soon as possible.
Obligations of Your Landlord
Landlords may require tenants to pay a deposit when they begin renting. The security deposit cannot be more than one and a half times your monthly rent and must state in writing any deposits which are non-refundable.
Landlords must provide several things in exchange for rental payments. One of the most basic and important requirements is that your landlord provide you and your family with a healthy and safe living environment. Your living environment includes your apartment or home, and any common areas the landlord owns and holds open to residents.
Things Your Landlord Must Provide
The law specifically states:
If you rent a home, your landlord and yourself can agree that you will perform the maintenance on the property. You must, however, be given some consideration, such as being paid or having your rent reduced.
Repairs Costing Less Than ½ Month’s Rent or $300
If a rental unit is in need of minor repair(s), and the damage(s) were not caused by the tenant, tenant’s family or guests, the landlord will probably be responsible for making the repair(s). The law requires you first give your landlord written notice of the problem, stating the landlord has 10 days to make the repair(s). If the landlord fails to make the repair(s) after 10 days and the cost of the repair(s) will be less than the greater of ½ month’s rent or $300, you must hire a licensed contractor and get a lien release and either forward the bill to your landlord or pay for the repair yourself and deduct it from your next rental payment. A copy of the bill and the lien release must be included with your rent.
Breach of Lease for Failure to Repair
Occasionally damages to a rental unit, which are not caused by the tenant, tenant’s family or guests, may be severe enough to allow the tenant to cancel their lease agreement on the basis that the landlord failed to fulfill their obligations. Before seeking this remedy, however, you must be able to prove an important obligation was not kept and give your landlord a written notice. For most violations, you must give your landlord a written notice stating they have 10 days to make the repair. If the problem threatens your health or safety, you only need to give the landlord 5 days to make the repair. If the landlord fixes the problem within the appropriate amount of time, the lease cannot be cancelled. If the landlord does not fix the problem within the appropriate time, you can choose to end the lease early and get your security deposit back. We strongly encourage you to seek legal advice before resorting to this remedy because of the legal repercussions for tenants who seek this remedy improperly.
Failure to Supply Promised Utilities
In some rental relationships the landlord has exclusive control over utilities, including water, gas, electricity and air conditioning. In such situations, the landlord cannot fail to supply the promised utility(s). If your landlord violates this promise, you must first request in writing that your landlord supply the services. If the landlord does not supply the service(s), you can either:
Obligations of the Tenant
Paying the Rent
If you plan to remain in possession, you must continue to pay rent even if your landlord is not living up to his or her end of the bargain. Not paying rent gives the appearance that you are trying to break the lease, and weakens any argument you may about improper actions by your landlord. It is hard to say you are not getting what you paid for if you did not pay.
Letting Your Landlord Enter Your House or Apartment
You must allow your landlord and his or her employees to enter your house or apartment if he or she notifies you in writing at least two days before they seek access. They cannot enter very early in the morning or at night. If there is an emergency, they don’t have to give you notice to enter. If your landlord violates these rules, you may sue and recover one month’s rent and either:
Information provided in this pamphlet is based on Arizona law as of May 2002.
On 8/29/07
lucy said
I reside @ apts. my lease agreement states they are not liable for residents safety, security,ie fire, vandalism, defects in apt or the community and deny a trial by jury. is this lawful?
On 7/20/07
Nancy said
In our lease it states electricity provided. Does that mean we have to pay for it or is the landlord responsible for it?
On 6/29/07
Maria said
I live in an apt complex & have new Property manager.Jst recvd a "Maintenance Repair Cost" at my door that whn I submit a workorder all fees of repair wl be added to rent. Can they do this?
The Manager says I have to fix my driveway because it is crumbling and full of holes that were there when I rented their lot 20 years ago and now are worse because the driveway was thin and inferior. I have not signed a document that says I am responsible for the repair of their driveway. Do I have to repair their driveway?
I recently leased my home to a family. The house is 4300 sqft has a shelved/ closeted garage, an attic and a shed. The tenants have storage space within the house and a small amount of space in the garage. I left some of my belongings in the attic, the garage and household items in the shed. Am I allowed to store my belongings in my garage and attic as it is still my house.
My apartment community has changed ownership several times since I moved in 4 years ago. I discovered that my unit was wired to provide electricity for one of the apartment amenities that was outside of my unit. The management has fixed the problem but they are only offering to reimburse me for the time that they owned the property, about 13 months and told me that I would have to track down the previous owners for the rest of the money. Should they be obligated to pay a rebate for the 3 years that I was paying for their electricity or do I indeed need to take it up with the previous owners
A set of keys was used to rob the residence three weeks ago *with me in the home*. I stayed locked in my room since I was unsure of what was happening. Went out, things strewn everywhere, my stereo system stolen, the mail key used to steal packages expected that day. Landlord still refuses to change the locks. First excuse was that it would infringe on the rights of the roommate suspected of handing out her keys (or even helping with the robbery in person). Is what my landlord doing landlord negligence? These people have a KEY to my HOME! Isn’t there some responsibility for tenant safety.
Are landlords required to provide a metal security door for residential rental property?For the past 2 months, Apartments have been having hot water issues. Month of October had no hot water for 2 to 3 days and now in November about 4 days. Hot water has been off on the morning of 11/20/2019 and suppose to be back on afternoon of 11/21/2019. Wondering if there is recourse or a credit on my rent for the month. Pay 735 a month to live there.
If a current lease is in place, does a new owner have to honor the lease until it expires?What rights do i have as a tenant if my land lord and his wife are on bad terms and are putting us the tenants in the middle of their martial issues. Landlord is in jail for fraud and beating up his wife. Wife picks up rent money, and landlord sends people to the house to collect rent money even through we gave it to the wife without knowing the landlord was in jail. We are not trying to be in the middle of it, but who do i give the rent money to, if the landlord wants us to give it to other people? The wife wants the money too, but here's the thing we don't have a signed lease no more.
My landlord won’t delay my move out date. I was set to move April 30th but I need to a few more days due to the virus. What can I do since I’ve been denied?
I have a tenant that cannnot get their car in the garage as it scrapes the bottom going up the incline. What am I as a landord responsible for? They are getting notices about parking the cars illegally.