According to data from Census ACS, about 34% of households in the state of Arizona are occupied by a renter.
Generally, Arizona is a landlord-friendly state. It has favorable legislation when it comes to leases and eviction procedures.
The state has a statewide landlord-tenant law that gives each party to the lease a list of rights and responsibilities. Whether you’re a new landlord or are simply looking to learn more, its important you understand these laws to get your property renter ready. So, here’s a basic overview of the state’s tenancy laws.
What Disclosures Must Landlords Make to Their Tenants?
As per federal landlord-tenant laws and Arizona landlord-tenant law, landlords are required by Arizona law to make certain information known to their prospective tenants before lease signing. The prospective tenant must be aware of the below:
- Information on the use of lead-based paint. This is a requirement for landlords whose properties were built prior to 1978
- Information on bedbugs. You must provide your tenant with educational materials on bedbug infestation
- Information on any shared utility arrangements. You must let your tenant know of any existing cost-sharing arrangements if there are any
- A copy of the landlord-tenant laws. The state of Arizona also requires that landlords provide their potential tenants with a copy of the Arizona residential landlord and tenant act before the tenancy commences
- Information on authorized agents. Your tenant also has a right to know the names and addresses of all parties involved in the management of your rental unit.
- Information on nonrefundable fees. Do you charge non-refundable fees? If so, you must let your tenant know of their purpose before payment
- Information on the move-in checklist. In Arizona, you must provide your tenant with a move-in checklist before they can move in
What Rights and Responsibilities Do Tenants in Arizona Have?
The following are some of the rights as per the residential landlord and tenant act, your Arizona tenant has. They have the right to:
- Live in a safe and livable space in accordance with the state’s building, safety, and health codes
- Live in peace and quiet, away from unnecessary disruptions
- Be treated without any form of discrimination in accordance with the Fair Housing Act
- Have repairs done within a reasonable period after notifying the landlord
- A proper eviction process in accordance with the state’s eviction process
- Form or join a tenants’ union to advocate for their rights
The following are some of the common tenants’ responsibilities in a lease or rental agreement. Tenant obligations include:
- Keep their rented premises in a habitable manner and within applicable building codes.
- Abide by any policy on restrictions for property alteration, smoking, and pets
- Paying rent on time or choosing to withhold rent under certain circumstances as per the rental agreement.
- Maintain fixtures in a clean and sanitary state
- Take care of the damage that has resulted from their negligence or carelessness
- Make small repairs and maintenance at a reasonable cost.
- Respect the peace and quiet of other neighbors
- To allow their landlord access to the property when the landlord wishes
What Rights and Responsibilities Do Landlords in Arizona Have?
The following is a list of some of the rights an Arizona residential landlord has:
- Enter your tenant’s rented unit to perform crucial landlord duties
- Evict tenants from the dwelling unit for violating the terms of the lease. For example, failure to make pay rent on time
- Adjust the terms of the lease agreement. For instance, raising the tenant’s future rent payment amount
- Charge a security deposit. In Arizona, the tenant’s security deposit amount to ask your tenant shouldn’t exceed 1.5X the monthly rent payments
- Be notified when a tenant is leaving town for an extended period
- Be notified when a tenant decides to move out of their rented premises
When it comes to landlord responsibilities, they are as follows. You must:
- Provide a tenant with a habitable rental property
- To not retaliate against a tenant for the tenant exercising their legal rights.
- Make requested repairs within a period of 10 days after being notified by your tenant and to keep the tenant notified of repair progress.
- Respect the peace and quiet of your tenant by notifying them before entry
- Treat tenants with respect and fairness
- Provide certain essential amenities, including water, garbage removal, and sanitation
- Following the eviction process when evicting tenants for violation of the lease
If a landlord fails in these responsibilities there can be legal ramifications. So it is always good to consult a legal professional or property management company.
An Overview of the Arizona Landlord-Tenant Laws
1. Tenant Eviction
As a landlord, you have a right to evict a tenant for violating the lease. You must follow due process for it to be successful, however.
Common reasons for a tenant eviction in Arizona include:
- To withhold rent or to keep paid rent from the landlord.
- Lease violation, such as keeping an unauthorized pet
- Illegal acts
You cannot, however, evict a tenant as an act of retaliation or discrimination. The eviction will not only fail, but you may also find yourself battling a lawsuit.
2. Security Deposits
Contained in the statewide Landlord-Tenant law are the security deposit rules. It goes without saying that you must abide by them when it comes to the handling of your tenants’ security deposits.
For example, there is a security deposit limit that you must not exceed when it comes to the charged amount. In Arizona, the value of the tenants security deposit must not exceed 1.5X the monthly rent. So, for a rental unit priced at $1,000, you must not charge a dime exceeding $1,500.
You must also let your tenant know (in writing) of any non-refundable fees or deposits or anything else the tenant owes.
3. Lease Termination
While most rental agreements will run their entire course, some will not. Life may happen, and a tenant may end up breaking their lease midway through the term. The following are legally justified reasons for breaking the written rental agreement.
- To begin active military duty when they give the relevant written notice
- The landlords fails to keep the property habitable.
- If their privacy is violated or undergo landlord harassment
- In the event, they become a domestic violence victim
Other than these, your tenant will not have any other legal protection for not honoring their lease.
4. Rent Control
Arizona law doesn’t have a rent control law in place. This basically means that Arizona landlords can set their rental prices however high they wish.
And while no written notice requirement exists, you must wait until the next rental period begins before hiking the rent amount.
5. Housing Discrimination
All forms of housing discrimination are illegal in the state of Arizona. Some of the protected classes Arizona tenants have include race, color, religion, familial status, and disability.
Bottom Line
It is imperative that landlords understand the Arizona law as not only does it govern what can be contained in a lease agreement but it also provides guidelines on managing the tenant’s security deposit and when the lease can be broken – for example if a tenant is a victim of domestic violence. Get in touch with your Scottsdale AZ property manager today and see how we can help make your rental property a success!
Disclaimer: This information isn’t a substitute for the essential services provided by a legal professional. If you have a specific question, please seek legal advice from a qualified attorney or an experienced property management company.