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Looking for court forms or information about representing yourself in a court case? Visit AzCourtHelp:
ARIZONA CIVIL LEGAL NEEDS COMMUNITY SURVEY
Civil legal organizations in Arizona are seeking your input to increase their ability to meet the civil legal needs of Arizona's lower income residents. Please complete this survey to assist in improving civil legal services in Arizona.
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Arizona Legal Needs Survey Need Court Help? Need Court info?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
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.
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:
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:
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:
Information provided in this pamphlet is based on Arizona law as of May 2002.
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?
We had a water leak in our backyard. We notified the landlord in writing three times , but it took one month for them to fix it. Our water bill has now doubled. We wrote to them that we would like them to pay the half exceeding our normal amount--they have not responded. What are our rights?
I received a letter from the HOA and the property management company that the window screens need to be replaced or repaired. The screens are in the same condition as move in, less sun damage. My lease does not specify that they are my responsibility. Please advise.
I am renting a room in a house. The landlord has not given me a signed copy of the lease/agreement. The landlord does not give me a rent receipt. I have been living here for about 8 months, sending/mailing the landlord checks regularly. Now, the landlord is asking me to give a detailed breakdown of rent/checks paid ad the associated dates in a specific format. I have done the best I can. The landlord has been sending me multiple messages regarding this over the weekend. Isn't this the landlords job, to keep track of the rent/checks paid. I feel the landlord treats me differently versus others.
Are landlords obligated in letting the tenant know how to work the gas and electricity?I am about 12 days late on rent but i already told the landlord i will pay rent on the 28th my refrigerator is mot working and i told him about it and he refuses to make the repair till rent is paid can he do that?
I have rented my home for 18 years and now my landlord has decided to sell the house..he gave us 60 days to find a place to live plus another two weeks but with rent so high its been hard to find another place to live especially for 7 people what can I do? Can I get more time ?
So my vehicle was towed in a free parking spot in my townhome complex. I know that within our HOA rules my vehicle was parked for a period of time so they had the right to tow it. One issue that we have is that there are not enough parking in our complex at all. It is a complaint all residents have. They have made parking available as if there are only families with one car per unit living in the complex, when there are residents that are renting the a unit and may have up to 4 cars per unit. I was wondering if there is a law that mandates a certain amount of parking for a complex?
Is a landlord responsible for scorpion control or is that considered routine pest control?I moved into an apartment complex nearly 6 months ago. 2 months ago they announced they will no longer accept payments at the office and the only choice is to use their online app or pay cash at a local Walmart. This was not in the lease when i signed it. The amount due is already pre applied on the app. 2 months of payments are submitted, no record on my account 2-4 days after the 1st. 3rd payment due, is less and unable to 'edit' for correction. I took screen shots of the process and says paid. No payment due for 27 days. I emailed the office about it.can they charge me fees for the error