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.
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
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.
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.
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?
In our lease it states electricity provided. Does that mean we have to pay for it or is the landlord responsible for it?
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?
I signed a lease for 13 months. I was told there would be a cap of 60.00 for water. If I used less than that I paid for what I used. If I used 70.00 worth I would only pay 60.00. My water bill for 9 months has been approximately 15.00. I found out on 1/2/15 that I will be charged a standard amount of 80.00 a month because I have 2 bathrooms. Is this legal?
What is the best route to take with my landlord? There is a dead mouse deep in the stove/oven. I cannot use it and my house smells bad from it. The landlord says I have to pay him $50 to replace it as it is for my use.
Started a year lease (8/2019) In my current apartment. The first 4 months we’ve been having constant plumbing issues where the shower has over flowed with sewage back 3-4 times a single month. In the result of damaging/ruining personal items. All of the rugs destroyed by sewage flooding out of bathroom into hallway and entering bedroom. I’ve lost shoes, clothes, electronics, furniture etc.. with that being said, their has been constant headaches and migraines due to the horrid smell. I need a better understanding of the responsibilities for a landlord, in the state of Arizona. Rent Deduction?
If amenities are included in our rent but they shut down every single one of them due to the COVID 19 (2 pools, business center, exercise room, tennis court, all BBQ patios), should we still be charged for this? It is an extra $50.00 on our monthly statement.
I just received a letter from the management at my apartment complex (07/21/14 which they just taped to my door and not hand delivered or by certified mail as estipulate in the tenants landlord act) letting me know that the lease agreement expires on 08/16/2014 and that they will raise the rent around $150.00. It also states that in cse i want to move I have to give them a 2 month notice but they just informed me about the changes not even a full month in advanced. Is this legal?
A windstorm took out several sections of the roof and about 50 feet of the brick wall that surrounds the backyard of the house I'm renting. How long dose the landlord have to fix everything? If it rains I'm worried that there will be damage to my property in the house and with the fence down that my pets are going to get out or attacked by wild animals.
So my fiance and I have been living in a duplex for 5 months, our landlord goes to.Florida for the winter. Her son is around and every month even when she was here they start calling the day before rent is due and if you ate busy and can't answer they show up on my door step. We live check to check so we pay on Friday our pay day, at the most we have had to pay 4 days past the first. Rent is due today the 1st New Years day (holiday )and they were calling and pounding on our door all day yesterday and started today at 8am. What do I do, is this all legal?? Please help!!
Can a landlord refuse to accept a 60 day written notice? Where are the laws against this?
If my old landlord sold the property. Does the new landlord have the right to evict us and how long do we have to stay before we have to leave?
I am breaking my lease with 7 months left on it. I told my landlord a week ago and they have yet to post the property on the rental market. How long do they have to do this? I know I am responsible for rent until they find a new tenant but I also know they need to make an effort to find one.
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Arizona Residential Landlord and Tenant Act
Where to Find an Attorney for Specific Legal Advice
WHAT IF I RENT A HOUSE THAT'S IN FORECLOSURE - The Protecting Tenants at Foreclosure Act
Frequently Asked Questions about Mediation