questions & answers
Question: I've lived in my apartment for 3 months and have not received a copy of my lease. I have asked my landlord for a copy many times and they have not given me one. What can i do about this?
Answer: According to the Landlord Tenant Act, §33-1322 (Subsection E):
E. If there is a written rental agreement, the land lord must tender and deliver a signed copy of the rental agreement to the tenant and the tenant must sign and deliver to the landlord one fully executed copy of such rental agreement within a reasonable time after the agreement is executed. A written rental agreement shall have all blank spaces completed. Noncompliance with this subsection shall be deemed a material noncompliance by the landlord or the tenant, as the case may be, of the rental agreement.
Penalties for material noncompliance are explained in §33-1361:
§ 33-1361. Noncompliance by the landlord
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the ten ant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not les s than five days after receipt of the notice if the b reach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.
2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.
B. Except as provided in this chapter, the tenant m ay recover damages and obtain injunctive relief for an y noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.
C. The remedy provided in subsection B of this sect ion is in addition to any right of the tenant arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.
For the full text of the Landlord Tenant Act, visit: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf
For general information on your rights and responsibilities as a tenant, visit: https://www.azag.gov/sites/default/files/documents/files/TenantRightsResponsibilities.pdf
I've lived in my apartment for 3 months and have not received a copy of my lease. I have asked my landlord for a copy many times and they have not given me one. What can i do about this?
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