Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I've lived in my apartment for 3 months and have not received a copy of my lease. I have asked my landlord for a copy many times and they have not given me one. What can i do about this?

Answer: According to the Landlord Tenant Act, §33-1322 (Subsection E):

E. If there is a written rental agreement, the land lord must tender and deliver a signed copy of the rental agreement to the tenant and the tenant must sign and deliver to the landlord one fully executed copy of such rental agreement within a reasonable time after the agreement is executed. A written rental agreement shall have all blank spaces completed. Noncompliance with this subsection shall be deemed a material noncompliance by the landlord or the tenant, as the case may be, of the rental agreement.  


Penalties for material noncompliance are explained in §33-1361:

§ 33-1361. Noncompliance by the landlord  
A. Except as provided in this chapter, if there is  a  material noncompliance by the landlord with the rental  agreement, including a material falsification of the  written information provided to the tenant, the ten ant  may deliver a written notice to the landlord specifying  the acts and omissions constituting the breach and  that  the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the  breach is not remedied in ten days. If there is a  noncompliance by the landlord with section 33-1324  materially affecting health and safety, the tenant  may  deliver a written notice to the landlord specifying the  acts and omissions constituting the breach and that the  rental agreement will terminate upon a date not les s  than five days after receipt of the notice if the b reach is  not remedied in five days. For the purposes of this section, material falsification includes false information  relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of  the rental agreement, the condition of the premises and any current services as represented by the  landlord in writing and any representation regarding  future services and any future changes regarding the  condition of the premises, the provision of utility services and the designation of the party responsible  for the payment of utility services. The rental  agreement shall terminate and the dwelling unit shall  be vacated as provided in the notice subject to the following:  
1. If the breach is remediable by repairs or the  payment of damages or otherwise and the landlord  adequately remedies the breach prior to the date  specified in the notice, the rental agreement will  not  terminate.  
2. The tenant may not terminate for a condition caused  by the deliberate or negligent act or omission of the  tenant, a member of the tenant's family or other person  on the premises with the tenant's consent.  
B. Except as provided in this chapter, the tenant m ay  recover damages and obtain injunctive relief for an y  noncompliance by the landlord with the rental  agreement or with section 33-1318 or 33-1324.  
C. The remedy provided in subsection B of this sect ion  is in addition to any right of the tenant arising under  subsection A of this section.  
D. If the rental agreement is terminated, the landlord  shall return all security recoverable by the tenant under  section 33-1321.  

For the full text of the Landlord Tenant Act, visit: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf

For general information on your rights and responsibilities as a tenant, visit: https://www.azag.gov/sites/default/files/documents/files/TenantRightsResponsibilities.pdf