Key Takeaways
The Arizona Residential Landlord and Tenant Act establishes rights and responsibilities for both landlords and residents, including habitability standards, fair treatment protections, rent collection rights, and lawful eviction procedures.
Arizona landlords are required to provide key disclosures such as lease documents, move-in inspection forms, bedbug information, owner contact details, security deposit information, and notice of the state landlord-tenant rules.
Renters have rights to a habitable home, proper notice before eviction, fair housing protections, and certain lease termination options, while also being responsible for following lease terms, reporting maintenance issues, and providing notification before moving out.
Arizona regulates important aspects of the rental relationship, including fair housing compliance, landlord entry with at least two days’ notification, lease termination requirements, small claims disputes, and the legal process for evictions.
Arizona Residential Landlord and Tenant Act helps protect both parties involved in a lease agreement. In Arizona, these regulations are outlined in the Arizona Landlord-Tenant policies.
After prospective renter signs the lease or rental agreement, they are automatically granted certain rights under the Arizona landlord-tenant policies. For example, the legal right to a habitable rental property with the correct safety standards, the right to fair treatment, and the right to be given certain disclosures.
As an Arizona landlord, the lease agreement also gives you certain rights, such as the right to collect weekly or monthly payments, the right to enter rented property, and the right to evict a squatter or a renter for a lease violation.
In this post, we are giving you a basic overview of the Arizona landlord and resident regulations.
Required Landlord Disclosures in Arizona
As an Arizona landlord, you have a responsibility under the Arizona Landlord and Tenant act to disclose certain information to your occupant. There are certain obligations under these policies. If a landlord fails to do so, there could be consequences. Here is information that you must disclose:
Move-in Documents. An Arizona owners must supply an occupant with several documents immediately after they move into their rental house. That is a copy of the written rental agreement, a move-in form specifying any existing damages to the dwelling, and a written notification to the resident stating their right to be present during the move-out inspection.
Bedbug Disclosure. An owner must give a renter with educational materials on bedbugs. Also, they must not lease a home that is currently infested with bedbugs.
Name and addresses. Landlords must disclose to their renters the name and address of the owner of the rental unit.
Security Deposits. An Arizona landlord must also let their resident know of the amount of any security deposit.
Disclosure of the Arizona Landlord Tenant Act. Before lease or rental agreement signing, Arizona landlords must inform their renters that the Arizona Landlord and Tenant Act is available on the Arizona Department of Housing’s website.
Tenant Obligations and Rights
When residents lease a rental property, they have the right to:
Be given certain disclosures as per screening regulations:
Continue living in their rented premises until the landlord has followed the lawful eviction procedure and provided notification.
Withhold next payment if the landlord fails to make needed or requested repairs until the repairs are completed.
Terminate the lease without any further responsibilities under certain circumstances.
Live in a habitable rental property supplied by the landlord, including all essential services.
A move-out inspection at the landlord's expense, conducted in a reasonable manner.
Be treated equally and fairly by the landlord as per the dictates of the Federal Fair Housing Act.
An Arizona renter also has certain responsibilities. These obligations under the landlord-tenant relationship include:
Notifying the landlord of issues related to maintenance or repairs.
Notifying the landlord when looking to vacate their premises.
Abiding by all terms of the rental agreement.
Maintaining reasonable noise levels.
Letting the landlord know when they will be staying out of town for an extended period.
An Overview of the Arizona Residential Landlord-Tenant Laws
1. Fair Housing
In Arizona, much like everywhere else, it’s illegal for you to:
Refuse to make reasonable accommodations to people living with a disability.
Make false claims about a unit’s availability to new or existing renters.
Make discriminative advertisements indicating a preference for or against someone based on their protected characteristic and refusing quality rentals.
Charge more for a resident's payment or fees under a reasonable cost.
In Arizona, the Fair Housing Act prohibits such actions against a renter based on their protected characteristic. The characteristics include color, race, sex, disability, familial status, and national origin.
2. Landlord Entry
As an residential landlord in Arizona, you’ll need to enter your resident’s rented unit at some point in their tenancy. Common reasons for entry of a property owner in Arizona include rental unit inspection, repairs and maintenance, and emergency situations.
That said, your renter has a right to privacy, as stated in the act. As such, you cannot just enter their rented premises as they like: you must first notify them. Keep in mind that each state's term is different in this regard.
As an Arizona landlord, you must give renter's a written notification of at least 2 days. If they have received this and the entrance is necessary, the resident must allow the you access to the rental.
3. Small Claims Court
Small claims court is a special division of the justice court. They are designed to help both landlord and renter resolve disputes quickly and cheaply. The regulations are simple and informal. In Arizona, small claims courts can only hear suits under $3,500, such as if an occupant chooses to wrongfully withhold payments.
Some lawsuits the court may hear include those involving security deposits, privacy violations, and lease related issues. A small claims court will, however, not hear cases involving evictions.
4. Lease Termination
If their renter wishes to terminate their lease, then they must supply their landlord with a proper warning according to the Arizona act. If the renter fails to give notification they cannot terminate the lease or rental agreement unless a mutual agreement is formed.
This amount depends on how frequently the residents makes the monthly payments. For week-to-week occupants, the residents must give their landlord with at least 10 days of warning. For month-to-month renters, the resident must furnish landlords notification of at least 30 days.
An Arizona renter is not required to give you a warning that they intend to terminate the agreement for other types of rental agreements, such as quarter-to-quarter and year-to-year. What’s more, an Arizona renter is permitted to break their lease agreement early for certain reasons. If a renter decides to terminate the rental agreement, they can do so legally for the following reasons:
Harassment.
Violation of their privacy rights.
Habitability issues.
Renter moves due to active military duty.
Domestic violence victims.
5. Tenant Evictions
According to the State Act, a residential landlord can evict your Arizona tenant for certain reasons, including, not paying rent, violation of the lease agreement, and illegal acts.
During the eviction, a landlord must follow the proper eviction procedures as per the policy for it to be successful. To begin, the first thing an owner should do is serve the renter with proper written notice. For nonpayment of rent, for example, you must serve the renter with a 5-day Notice to Pay or Quit.
This informs that there are 5 days to pay what the resident owes or they move out. If they don’t abide by this, you can then file an eviction lawsuit against them in court with an Arizona state law enforcement agency.
Bottom Line
Understanding the laws is crucial for an Arizona residential landlord and tenant. If you want expert help, contact SGI Phoenix today! We'll be happy to start assisting you with all your investment management needs, including understanding the Arizona Act.
Disclaimer: This information is not a substitute for professional legal advice. Laws change and this blog might not be updated at the time of your reading. If you have questions or need further assistance, please get in touch with a qualified attorney or an experienced property management company.
