General Housing Information Article


Legal Tips for Tenants

I. MOVING IN AND LIVING IN A RENTAL HOME

Before signing a lease, look at your finances. Do not move into a home that you cannot afford.

Read your lease and all related documents before signing so you are not surprised later to find that you have done something that is prohibited or triggers additional fees or deposits.

Keep a copy of your lease.

Document the condition of the home when you move in. Fill out any move-in condition checklist provided by your landlord and keep a copy. If possible, take pictures of anything that was broken, old, or dirty when you moved in.

Get receipts for all rent payments, especially payments made using cash or money orders. It can take weeks to verify that a money order was cashed, at a cost of $15 or more per order.

Keep the home clean and free of clutter so that moving around the home is safe. Clean up after your children and pets both inside and out.

Promptly notify your landlord of any maintenance issues in writing. Keep a copy. If something wears out or breaks due to age or “normal wear and tear,” ask that it be replaced. If you do nothing, your landlord may try to charge you for replacement after you move.

Communicate with your landlord in writing, or send a written letter confirming verbal
communication. This is especially important when telling your landlord about any problems, or if your landlord promises to do something that is contrary to your lease (such as waiving late fees).

Keep copies for your records. Avoid text messaging as it can be difficult to verify later, especially if your phone is lost or broken.

If you have disputes with the neighbors, write down exactly what happened and note the dates and times. If police were called, obtain copies of the incident reports for your records.

Report major maintenance problems that may be health and safety violations to the County Health Department or City Code Enforcement. Seek legal advice if your landlord does not fix these issues immediately.

II. MOVING OUT

You must provide written notice (usually at least 30 days) to your landlord prior to moving, or you can be charged an additional month’s rent – even if you are moving at the end of your lease term.

Keep a copy of your notice.

Empty and clean the home when you move out. It should be in the same condition as when you
moved in, or the landlord can deduct the reasonable cost of cleaning/repairing the home from your deposit and sue you for any amount not covered by the deposit.

Reasonable cleaning and repair costs will seem excessive, so you should do everything you can to avoid them.

In particular:
Start packing and cleaning early. Moving always takes longer than planned.

The home should be completely empty when you turn in the keys. Anything you
don’t have time to move should be donated to charity or thrown away rather than
left behind.

YOU CAN’T COME BACK LATER TO FIX THINGS.

Remove any stickers and decals from the wall. Scrub or paint over any marks left
on the wall from scuffs or children drawing on the walls.

Any hole larger than the tip of a thumbtack should be filled in with spackel so that it
will not show up when painted over.

Replace any burnt out light bulbs. Repair or replace anything you, your family, or
guests broke during your stay, including light bulbs and light covers, mirrors, blinds,
window screens, light switch and outlet covers, doors and door frames, and
cabinets.

Do anything else specifically required by your lease, such as painting or shampooing
carpets.

If there is not enough time to finish cleaning before your original vacate deadline,
ask the landlord for extra time to finish cleaning. If your landlord requires payment
of additional rent, ask to pay a prorated amount rather than an entire month.

Document the condition of the home when you are finished moving. You should either
request a move-out inspection or take pictures.

Include a recent newspaper or magazine cover in at least one photo from every room to demonstrate the date the photos were taken.

Return the keys to your landlord when you are finished moving out. If this is not done, you can be charged additional rent.

Provide your new address so your landlord can return your deposit and contact you about any additional issues.

After you return the keys, your landlord has 14 days to send you a list of cleaning and repair charges along with what is left of your security deposit after subtracting these charges.

GETTING LEGAL ADVICE

See SALA’s Arizona Residential Renter’s Guide for more detailed advice about specific types of
problems.

Seek legal advice right away from SALA or elsewhere if you have a problem that is not resolved easily, especially if the home is not liveable or you expect an eviction. When seeking legal advice, bring copies of all of the following:
 
  •   Copies of your lease and any correspondence to and from your landlord.
  •   Contact information for your landlord.
  •   Any police reports about disputes with your landlord, neighbors, or anyone living with you.
  •   Any reports issued by the County Health Department or other agencies about health and safety problems.
  •  Any picture or other evidence you have documenting any unresolved maintenance problems.
  •  Receipts or cancelled checks for your most recent rent payment. *Acceptance of rent after serving an eviction notice often delays or waives the landlord’s right to evict.

Comments:

QUESTIONS

  • Hello... I live in an apartment, last week my car was stolen and so were my license plates. The following day, the manager called and had my vehicle towed, I called the office and explained my situation and asked if there was any way they could help me as I am a single mother and live on ssd, they said there is nothing we can do, you are going to have to pay to get your car out, also adding it is in my lease that vehicles cannot be parked with no tags and I should have called them and told them my tags were stolen. Can I force them to pay the fees if I have police report?
  • What is the maximum people allowed to live in a single family residence and what can be done with all the junk they have piled up in their side yard? The house next door to me is a rental home and they have at least 9 vehicles parked in their driveway, in front of my and my neighbors homes with people coming at all hours of the night and day They also have a ton of junk in the side yard behind the gate and in front all along my fence line
  • I purchased a condo in October 2019. My inspection identified several repairs needed. I was assured those were the responsibility of the HOA. What was not disclosed is that in November there would be a vote on a Special Assessment, which passed, and now I have a bill for $4800. The seller had been made aware of this for months, but never gave me that information during our negotiations. Do I have any recourse for the seller to be responsible for all or part of this special assessment since it was not disclosed on the statements provided to me?
  • My dog (a lab) in a harness and leased was approached by a small dog on our front porch. The small dog nipped at out dogs back leg. Our dog turned and attacked the small dog killing it. Am I liable in Arizona?
  • A friend wants to pay to build a large shop/garage behind my house, for us to work on cars. By doing this, can he, in anyway, have legal property rights to owning my land?
  • Is there an occupancy limit to the number of people who can live in a one bedroom duplex or a one bedroom apartment?
  • A friend came to visit me in AZ and was considering moving here... he filled a full wardrobe of clothes at my place, even changed his drivers license to my address, then left a week later and never returned... the clothes have been sitting here since November 2014, he now reaches out to me 7.5mo later requesting i send them back to him in IL or he will take me to court... he was never a roomate, never on the lease... does he have any legal right to this stuff?
  • I rented a housefrom aperson that was not the real owner.He pretended. I paid for security deposit and 1st months rent. Well yesterday a man came over and asked me what i was doing in his house. So i explained to him what happened. So now i have 3 days to get out with my family. Can he do that even if i recieve mail there electricity is in my name. What can i do. I got scammed 1700
  • I purchased a home about a year ago with my domestic partner. I am the only person financially responsible for the home. I added my domestic partners name to the title as a joint ownership. In case in the future my domestic partner and I part ways, would we have to sell the home? Does she have any legal rights over the home?
  • I'm looking for some guidance regarding the AZ Real Estate Recovery Fund. I submitted a claim against the fund some time ago but it was denied for multiple reasons, all of which were inaccurate. I'd like some advice from somebody with experience with getting reimbursement from the fund. The basis of my claim is the fact that my property manager embezzled security deposits and when his scam ran its course, he committed suicide. The fund is clearly setup to help those who have been a victim of real estate fraud, but the commissioner weaseled her way out of my claim on technicalities.

STORIES

LegalLEARN

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS