Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Can the tenant give only a week's notice before moving out and can he take permanent fixtures such as cabinets if he paid for them?

Answer:

The responsibilities of tenants and landlords are controlled by the Arizona Residential Landlord and Tenant Act (“Landlord/Tenant Act”). This means that every renter is required to follow these laws unless the lease specifically says otherwise. 

If the lease states the end date (or move out date) then the tenant is, generally, responsible for paying rent until that date. There are certain circumstances where the tenant may be released from this responsibility, such as unsafe living conditions or the landlord’s failure to provide required services (i.e. electricity, water).

If the lease does not state a specific date or the lease date has passed and the tenant stays without a new lease, then the lease can be terminated with fair notice from either the landlord or the tenant. This notice time is equal to the time frame in which rent is paid. Therefore, if rent is paid weekly then a week’s notice is sufficient but if it is paid monthly then a month’s notice is needed. 33-1314

The Landlord/Tenant Act states that the tenant must “maintain the premises in as good condition as when he took possession” which means the property must have the same, or equal, fixtures when they leave the property as it did when they moved in. Also, a tenant is not allowed to remove or materially alter (make a major change) any fixture (anything permanently attached to the house) such as cabinets, without written permission of the landlord. 33-321, 33-322, 33-1341 A landlord may use the tenant’s security deposit to pay for the amount of damages caused by the tenant making unauthorized changes. The landlord may also file suit in court to recover any amount of damages that were not covered by the security deposit. For instance, the security deposit is $500 but the damages are $700, the landlord can ask the court to make the tenant pay the additional $200. 33-1321