Landlord and Tenant Rights and Responsibilities Article


The Landlord Tenant Relationship

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

Security Deposits

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.

Safe Environment

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:

  • Your landlord must keep all appliances, which they supply, in working order.
  • Your landlord must provide you with a way to dispose of garbage.
  • Your landlord must make it possible for you to receive running water, including hot water.
  • Your landlord must supply everything they promised in the lease. They can only shut off your utilities in a few very limited situations.

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:

  • Buy the service(s) yourself and deduct the cost from the rent;
  • Sue the landlord for the amount by which your home or apartment is reduced in value because of the lack of service(s);
  • Temporarily rent another place and not pay rent for the apartment that lacks service(s). In addition the tenant may then recover up to 25% of his daily rent if the substitute housing costs more than the daily rent he owed his landlord. Remember you must write to your landlord and tell them of the problem before you do any of these things, and it cannot be a problem caused by you, your family or a guest.

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:

  • Get a court order to prevent your landlord from unreasonably entering or
  • Terminate your lease.

Information provided in this pamphlet is based on Arizona law as of May 2002.


Comments:

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?

QUESTIONS

  • As a former tenant. I did not have a final walk through with former landlord. He repeated said I didnt have to be present. I met with him after he sent me an itemized repair list. When I showed up to property. To my knowledge all of the repairs he itemized where repaired. He did most of the work. I never had a final walk through nor sign of on the damages he is charging me for. Nor was I allowed to fix the problem myself. He simply took it upon himself to fix the problems before I had an opportunity to fix myself. Did he violate my rights?
  • can a tenant legal place a piece a of furniture outside if they will not be home for landlord to pick up
  • We are renting an apartment unit in Flagstaff for my daughter who attends NAU. The tenant above has flooded our unit 3 times in the last year because of connecting an illegal bidet. A couple weeks ago the unit flooded for the 4th time because of the sprinkler system. With the most current flood we asked for some diminution since one of the rooms and the laundry was unusable and asked for utility compensation because of the electricity the fans were using. The company gave $25 towards water but will not give any credit towards the rent. What can we d?
  • I had a one year lease. I had a clause put in stating that. At the end of lease we had the option to extend the lease with no rent increase for 6 months if paid in advance. I excercised that right. Gave letter and check(6 months rent). They tried to make me sign a new lease for one year at a large rental increase. I refused. Now my 6 month lease is up in 2 weeks. Recieved letter stating, I owe $600.00 plus late charges for last months rent. I have a contract. They sent me eviction for nonpayment five day letter. What do I do? I have to pay rent what amount?
  • I am looking for a place to live in Flagstaff. I put an ad on Facebook and was contacted by a woman with a room for rent. I told her I was a freshman in college. I then set an appointment with her to veiw the house. I saw the room and told her I would take it. She said she would talk with her sister then asked me if a specific day would work to sign the lease. She contacted me several days later and told me that her other tenants where uncomfortable with me being 18 and refused to rent to me. She knew I was under 21 before I saw the room. Is it legal to deny me tenancy based on age?
  • manager of apartments sent out a newsletter at the beginning of April stating they will be entering all apartments for inspection each Tuesday through the month of April. Is that legal
  • REGARDING: I SERVED AN "IMMEDIATE TERMINATION" ON 5/6 BECAUSE OF 2 DIFFERENT TREATS TO BEAT-UP ANOTHER TENANT IN ANOTHER APT, ALSO SUSPICION OF DRUG TRAFFIC. i CANNOT FIND OUT WHAT IS MY NEXT PROCEDURE..SUCH AS COURT OR HOW TO EVICT THEM. ZHENYA RICE 928.284.9481.
  • my landlord gave me a notice to terminate my tenancy she says that i destroyed the outside which is not true and that i had illegal occupants living with me not true and that the inside of my house was unsafe and unhealthy also not true an inspector was at my house twice at the same time she is talking about they saw nothing wrong also a couple of months ago I asked the landlord to fix my air conditioning she failed to do so so I called section 8 they gave her thirty days to fix it she did on the last day of the thirty days so she told me Iin the phone that that's why she is really kicking me
  • I lived at 5920 W.Laurie Ln apt.222 for one year on section 8 and moved because they no longer excepted it I cleaned the apartment however did not take pictures and the la lord did not do a walk thru with me she just excepted the keys and said I would be receiving my deposit in 7 to 10 business days.l do have a witness that helped me clean the apartment.What should I do?
  • I live in a apartment complex. My brother has informed the maintence via voicemail previously that there was something leaking in the bathroom. This was about April. They have not done anything or put an effort to fix the mold- that was caused, I'm assuming, due to the leak spreading on the floor.  It is now black and the walls have softened. It's now August what can I do to break my lease?

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