Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I was notified today that my property management company is no longer under contract with the owners due to a death of the main owner. What are my rights as far as if I just move out or how long do I have until locks are changed?

Answer: This is for informational purposes only, you may want to consult an attorney for legal advice. Under the Arizona Landlord/Tenant Act, the lease is what governs the rights and responsibilities of the tenants and landlord. The death of a landlord does not invalidate the terms of the leases. Under A.R.S. 33-1330. Transfer of records on sale On the sale or other transfer of an apartment community as defined in section 40-360.21, the landlord shall deliver to the buyer or other transferee all available plans, drawings and records pertaining to the location of all underground facilities in the property, all plans, drawings, surveys and plats of the property, all records pertaining to tenant security deposits and complete files for each tenant of the property at closing containing rental agreements and all other documents and disclosures required by this chapter that are in the possession of the landlord. A landlord who fails to deliver reasonably accurate and maintained installation records of active, inactive and abandoned underground facilities installed after December 31, 2006 is liable for all damages proximately caused by the failure, including all expenses incurred by successor landlords to create such installation records. This means that the new owner should be supplied with all the current leases and tenant information before taking it over.

QUESTIONS

  • I was notified today that my property management company is no longer under contract with the owners due to a death of the main owner. What are my rights as far as if I just move out or how long do I have until locks are changed?

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  • State Bar of Arizona
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