Landlord and Tenant Rights and Responsibilities Article
The Landlord Tenant Relationship
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
Security Deposits
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.
Safe Environment
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:
- Your landlord must keep all appliances, which they supply, in working order.
- Your landlord must provide you with a way to dispose of garbage.
- Your landlord must make it possible for you to receive running water, including hot water.
- Your landlord must supply everything they promised in the lease. They can only shut off your utilities in a few very limited situations.
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:
- Buy the service(s) yourself and deduct the cost from the rent;
- Sue the landlord for the amount by which your home or apartment is reduced in value because of the lack of service(s);
- Temporarily rent another place and not pay rent for the apartment that lacks service(s). In addition the tenant may then recover up to 25% of his daily rent if the substitute housing costs more than the daily rent he owed his landlord. Remember you must write to your landlord and tell them of the problem before you do any of these things, and it cannot be a problem caused by you, your family or a guest.
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:
- Get a court order to prevent your landlord from unreasonably entering or
- Terminate your lease.
Information provided in this pamphlet is based on Arizona law as of May 2002.
Comments:
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?
QUESTIONS
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Can my landlord evict me if I don't pay them for accidental damage to a carport/storage area that they had their insurance company pay for?
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How can I get help ? I have a neighboring tentant and they keep harrasing me. I don't know them or know their names. I've reported complaints to manager about them throwing large amounts of cigarettes at my door- even leaving them burning at my door step. There is a 10 day notice that has passed and they continue the harrassment..
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I've been living in my apartment now since July 2017 it is now November 2017 and the water has been shut off at least once every couple of weeks now and November it's been shut off 3 times and we have no hot water how long how long is the owners allowed to take to fix the problem it's Thanksgiving day and we still have no hot water am I allowed to deduct when I pay a friend to stay at her place for my rent
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My landlord does not fix things (like my stoves/ovens). What is the process of having fixed myself and deducting it from my rent?
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I owe $33.03 for the month of December. They attached to my door if I don't pay this amount. Which I will when I get my social security. They will not accept January's rent. Can they do this
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I've lived at my current address for 2 years now I've been having issues with getting my mail the postman said he can no longer by law give me my mail because of my apartment doesn't exist I've told my landlord about this matter but I keep getting the run around about how it's the postman cause all of the issue and not the fact that my the landlord hasn't registered my apartment number. So what can I do within my rights?
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how long may I have a guest stay with me
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My roommate and I have been experience rodents for the past month. Together we removed two rats from our air vents and only the on-site maintenance was resolving the issue for 10 business days before the pest control came. They were to be inspecting once a week and after three weeks we would move to step two. They have not been coming to inspect and now we have rat mites. Our management is not bringing them in to irradiate this issue or clean our air vents. Can we break our lease?
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A set of keys was used to rob the residence three weeks ago *with me in the home*. I stayed locked in my room since I was unsure of what was happening. Went out, things strewn everywhere, my stereo system stolen, the mail key used to steal packages expected that day. Landlord still refuses to change the locks. First excuse was that it would infringe on the rights of the roommate suspected of handing out her keys (or even helping with the robbery in person). Is what my landlord doing landlord negligence? These people have a KEY to my HOME! Isn’t there some responsibility for tenant safety???
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Thank you for allowing me a question....and answer. I leased a house October 2017, with a one year lease. After that it was "technically" on month-to-month. My husband and I purchased a house in Cave Creek with a VA loan closing in May 2019. To make it "easier" for my Landlord I found him a replacement tenant. She was accepted. My nightmare began.....she had the house - my purchased house fell out....the LL ignore me.......literally making me vacate the premises so the new tenant could move in. I was verbally abused - my property thrown on the driveway. I was homeless. Help?
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