Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Must my tenants be present when I conduct the move-out walk-thru even if I feel threatened by them? They are bigger than I and our last conversation consisted of them yelling, using foul language towards me, hanging up, calling me back to continue to be verbally abusive and I heard slamming in the background.

Answer:

If you feel you are in danger call the police or 911.

That being said, according to the Arizona Residential Landlord Tenant Act, [specifically, ARS § 33-1321(C)]:

 "...upon move in a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. Upon request by the tenant, the landlord shall notify the tenant when the landlord's move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant."

Make sure you read this section carefully.  

 

QUESTIONS

  • Must my tenants be present when I conduct the move-out walk-thru even if I feel threatened by them? They are bigger than I and our last conversation consisted of them yelling, using foul language towards me, hanging up, calling me back to continue to be verbally abusive and I heard slamming in the background.

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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
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