questions & answers

Question: As a landlord, we only have a verbal lease agreement with our tenants. We are taking them to court for eviction for not paying rent. Our "plaintiff's checklist" lists a copy of the lease, which we don't have. Will our verbal lease agreement be an issue?

Answer: Verbal rental agreements are just as valid as written rental agreements. In fact, the Arizona Residential Landlord and Tenant Act defines a rental agreement as any agreement “written, oral or implied by law ... embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises” (A.R.S. 33-1310). However, it is always a good idea for both tenants and landlords to insist that the rental agreement be recorded in writing, as the terms and conditions of a written agreement are much easier to prove than the terms and conditions of a verbal agreement.