Arizona Rental Laws – An Overview of Landlord-Tenant Rights
In the US, most states have their own set of laws when it comes to rental properties, and Arizona is no different. If you are curious about what Arizona landlord tenant law is set in place, keep reading!
Arizona Tenant Rights and Responsibilities
The rights of an Arizona tenant rights include:
- Not pay MORE THAN one and one-half month’s rent for security deposit.
- Pay rent and fees according to their lease.
- Maintain the rental, including keeping it clean and safe and using it as it’s intended.
- Not deliberately damage any part of the rental.
- Notify the landlord of maintenance or repairs required.
- To respect and overall not disturb fellow renters and neighbors.
Arizona Landlord Rights and Responsibilities in Arizona
The following is a list of the rights that every Arizona residential landlord has:
- Interior Access if proper notice is given to the tenant.
- Remove a guest of a tenant who is not on the lease.
- File a special detainer action (eviction) for non-payment of rent.
The responsibilities of an Arizona residential landlord include:
- Pay their rent and fees according to their lease or rental agreement.
- Maintain the rental unit, including make all repairs to keep it in a habitable condition.
- Fix within 5 days items affecting health and safety such as pest infestations and inadequate bathrooms.
- Immediately terminate a tenant’s lease for drug usage or threatening another tenant.
An Overview of the Landlord-Tenant Rights in Arizona
Tenant Privacy and Arizona Landlords’ Rights to Enter the Rental Home
Many states have laws that protect the privacy of renters and prevent landlord access to the premises unannounced. Before landlord access to the rental unit, they must alert their Arizona tenant. Arizona law states that a landlord must provide their tenant with at least two days’ notice before entering the rental home if anyone is renting out the unit.
If there is an emergency situation that threatens the health and safety of the tenant, then the landlord may enter the dwelling without permission.
Condition, Maintenance, and Repairs
In Arizona, it is the landlord’s responsibility to ensure that the rental remains habitable at all times. It’s important to know what falls under the category of habitable. Here are some of the maintenance and repair jobs that a landlord is responsible for in Arizona:
- The building being structurally sound.
- Running water.
- A working HVAC unit.
- Plumbing and sanitation.
- Working and safe electrical wires and outlets.
- Removing garbage.
- Working elevators.
- Removing mold.
- Removing bed bugs.
Housing Discrimination Laws
There are many laws in place to help prevent housing discrimination in lease or rental agreements. According to the Fair Housing Act, discriminating against any tenant based on race, color, nationality, familial status, sex, religion, domestic violence, or disability is prohibited.
These rules do not apply to owner-occupied homes or rental homes owned by religious organizations. Arizona legislation does not extend this protection to any other groups.
While Arizona state law does not outline any specific consequences for violating these discrimination rules, the Arizona Attorney General Civil Rights Division handles discrimination complaints on a case-by-case basis.
Security Deposit Laws in Arizona
Outlining and collecting deposits in the rental agreements can help landlords protect themselves and their property from damage or lost funds caused by an Arizona tenant. According to Arizona security deposit laws, the limit to how much a landlord may charge their tenant for a security deposit is up to 1.5 months’ rent.
After the end of the lease, a landlord has 14 business days after the tenant delivers possession and requests their deposit an itemized list of all deductions along with the amount due or owed by the tenant. If the landlord handles the security deposit disbursement incorrectly, then they may end up being liable for the money due the tenant together with damages up to twice the amount wrongfully withheld.
A landlord is allowed to deduct funds from the security deposit to cover missing rental payments and repairs for any damage to the rental caused by the tenant that exceeds normal wear and tear.
Required Disclosures from the Landlord in Arizona
In most states, there are certain things that every landlord must legally disclose to their tenants prior to the lease agreement being signed.
These are the mandatory disclosures according to Arizona law:
- Lead-based paint, if known: If the rental home was built prior to 1978, then the landlord must provide the tenant with any information regarding the lead concentrations in the paint.
- Bedbugs: Regardless of whether or not the property has a history of bedbugs, landlords must provide tenants with educational resources about them.
- Nonrefundable fees: If any nonrefundable fees are present in the lease agreement, the landlord must provide the tenant with the use of each fee.
- Landlord-Tenant Act: The landlord shall inform the tenant that the Arizona Residential Landlord and Tenant Act is on the website for Arizona Department of Housing.
- Rent adjustments: If the landlord wishes to change the cost of rent, this must be done in writing with proper notice in order to receive the new rent payment.
- Move-in checklist: A move-in checklist must be provided to all tenants prior to them moving into the rental home.
- Pool enclosure: This is applicable to any rental property that has access to a pool.
Renters’ Right to Not Pay Rent
There are some circumstances in which a tenant has the right to withhold rent payments from their landlord. In Arizona, if landlords fail to address a maintenance request from the tenant within 10 days that falls under maintaining a fit premises, then the tenant has a right to make the repairs themselves and deduct the cost from future rental payments. The limits for this is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater.
Small Claims Lawsuits in Arizona
Conflicts between landlords and tenants, unfortunately, happen quite often. The small claims court of Arizona will hear disputes up to $3,500 that are related to rent payments.
In Arizona, the small claims court does not handle eviction cases. Written contracts have a six-year statute of limitations, while oral contracts have a three-year statute of limitations. This is why it’s important for landlords to clearly outline rules in rental agreements.
Need help managing landlord-tenant interactions and the landlord and tenant act? Contact the experts at get MULTIfamily Property Management to find out how we can help