Most landlords in Arizona require their tenants to sign a lease or a rental agreement before they can move in. According to the Arizona Landlord-Tenant Act, a lease may be either written or verbal.
Landlords and tenants have certain obligations and responsibilities as per the statewide tenancy laws. As a landlord, you must familiarize yourself with the laws to protect not only yourself but also your investment business.
The following is a basic overview of the Arizona landlord-tenant law, brought to you by the team of property managers at Property Plus USA.
Do landlords in Arizona need to disclose certain information to their tenants?
Before a tenant can move in, you must first furnish them with certain information. The following are the disclosures you must make to them.
- Landlord-Tenant Act. You must provide your tenant with a copy of the act before the tenancy can start. This is intended to allow a tenant to understand their rights.
- Non-refundable Fees. Do you charge non-refundable fees? If so, you must disclose why you do so.
- Authorized Agents. You must provide your tenant with the names and addresses of all parties that are involved in the management of the property.
- Bed Bugs. In Arizona, landlords are required to provide their tenants with educational information regarding bed bugs.
- Lead-based Paint. Do you own a home that was built before 1978? If so, you must provide your tenant with information regarding lead paint concentrations.
What rights & responsibilities do tenants in Arizona have?
Once a tenant signs a lease, they gain certain rights and responsibilities.
The following are the rights your tenant has:
- Be provided with certain information prior to renting a home. As already mentioned, Arizona landlords must make certain disclosures to their tenants.
- Live in a unit that adheres to the basic state and local safety, health and building codes.
- A walk-out inspection when looking to move out if they inform the landlord of their intention to be present in advance.
- Terminate the lease agreement under certain circumstances. For example, if the tenant is beginning active military duty or they become victims of domestic violence.
- Have requested repairs done within a reasonable period.
- Proper eviction process in accordance with the Arizona Landlord-Tenant Act.
- Live in quiet and peaceful enjoyment.
- Be treated equally and fairly in line with the state’s antidiscrimination laws.
- The return of their security deposits within 14 business days after moving out.
The Arizona landlord-tenant act also confers tenants with certain responsibilities.
Tenants have a responsibility to:
- Let their landlord know when maintenance issues crop up.
- Let their landlord know when they are looking to move out of the rented premises.
- Abide by all terms and conditions of the lease agreement. For example, not subletting against the rules.
- Let the landlord know when they will be out of town for an extended period.
- Keep noise levels within reason.
What rights & responsibilities do landlords in Arizona have?
Just like tenants, landlords also have certain rights under the terms of a lease agreement.
Landlords in Arizona have the following basic rights:
- Be served proper notice by a tenant who is looking to vacate their rental premises.
- Be notified of a maintenance issue.
- Enter rented premises to carry out important responsibilities.
- Raise rent in accordance with the lease agreement.
- Withhold part or all the tenant’s security deposit for lease violations. For example, nonpayment of rent or negligent property damage.
The Arizona landlord-tenant act confers responsibilities onto the landlord as well.
Under landlord-tenant law, you have a responsibility to:
- Follow the Arizona eviction process when evicting your tenant.
- Abide by all terms of the lease agreement.
- Notify your tenant when looking to access their rented premises.
- Make repairs within a reasonable period.
- Comply with all health, safety and building codes.
- Notify your tenant when looking to raise their rent.
- Treat your tenant fairly and equally as per the state’s Fair Housing laws.
An Overview of the Landlord Tenant Laws in Arizona
1. Landlord Entry
As a landlord, you have a right to enter your tenant’s rented premises. You may need to do so to do any of the following.
- To make needed or requested repairs.
- To show the unit to prospective tenants, lenders, and buyers.
- If you have reasons to believe your tenant has abandoned their rental premises.
- Any time there is a genuine emergency.
- Under court orders.
Be as it may, your tenant has a right to live in privacy. This means that you cannot barge in on your tenant unannounced. In other words, you must always notify your tenant every time you want to access their unit. The only exceptions to this are in case of emergency and property abandonment.
So, how much notice must you serve your Arizona tenant? Well, under ordinary circumstances, you must provide them notice of at least 48 hours. What’s more, you may only enter at reasonable times.
2. Fair Housing
It’s illegal for a landlord to discriminate against a tenant based on a protected class, designated under the Arizona Fair Housing Act. Protected classes in Arizona include race, sex, color, disability, national origin, and familial status.
The following are some actions that may be deemed discriminatory against your tenants.
- Charging them more rent or fees than other tenants living in the same apartment.
- Making discriminatory statements when advertising your rental.
- Making false claims regarding the unit’s availability.
- Refusing to make reasonable accommodations to people living with physical disability.
3. Small Claims Court
Arizona, just like other states, has small claims courts. They are a special division of the justice court and are designed to help parties resolve disputes relatively quickly and inexpensively.
Small claims courts in Arizona can only hear lawsuits not exceeding the value of $3,500.
4. Lease Termination
You have a right to be served proper notice by a tenant wishing to terminate their lease or rental agreement. The amount of notice depends on the type of agreement in operation. For example, tenants operating a week-to-week agreement must serve their landlords with a notice of at least 10 days.
Disclaimer: This information isn’t a substitute for expert legal advice. Laws keep changing and this information may not be updated at the time you read it. For professional legal advice, kindly engage a qualified attorney.
The Bottom Line
If you need additional assistance in complying with Arizona’s landlord-tenant laws, seek out the property management team at Property Plus USA! From drafting legally compliant lease agreements to handling the day-to-day management of your Arizona rental property, our experienced property managers are ready to bring top-tier property management services to you and your tenants.
Contact us today to find out more!