Here’s a guide to what you should know about your rights as a tenant in an Arizona
rental home
An Arizona renter must maintain the property in reasonable condition, accepting that there will be some wear and tear. But the landlord also has a responsibility to maintain the premises in a clean and safe condition.
Arizona has two Residential Landlord and Tenant Acts. One is for standard rental housing and the other is for mobile home parks. The state doesn’t enforce the Act, and most disputes between landlords and tenants are private contracts. Therefore, if you’re engaged in a landlord/tenant dispute, you can either settle it in Arizona small claims court or contact an attorney for guidance.
2019 Census data indicates that about 35% of Arizona households were renters. Some areas, like Phoenix, are higher. About 45% of Phoenix residents are renters.
Arizona is considered a landlord-friendly state because tenants are not permitted to withhold rent for any reason. If a tenant is late on their rent, the landlord may provide a five-day notice to pay. If the tenant doesn’t pay in full within five days (unless otherwise agreed upon with the landlord), the landlord may begin the process of eviction.
Nonetheless, Arizona tenants and landlords have both rights and responsibilities. The Arizona Residential Landlord and Tenant Act (A.R.S. §§ 33-1301 to 33-1381) applies to residential property except:
- Rented mobile homes;
- Recreational vehicle long-term rentals;
- Public housing projects or public institutions;
- Property purchased under a sales contract;
- Hotels, motels, or other recreational lodging;
- A rental unit provided in exchange for work as a manager or custodian.
Arizona tenants’ responsibilities
The law requires an Arizona tenant to meet the following obligations:
- Rent must be paid in full and on time. If you can’t pay rent, the landlord might provide an extension (an agreement must be made in writing), but if not it’s the tenant’s responsibility to pay. The landlord is not required to accept partial payments.
- Maintain rental unit. This includes following health and safety codes, keeping the home clean and safe, dispose of trash properly, keep plumbing clean and usable, and use facilities in a reasonable manner. This includes electrical, heating, air conditioning, plumbing, appliances and common areas like elevators, parking lots, swimming pools, etc.
- Notify the landlord if a repair is necessary. This should be in writing and advise the landlord of the defective condition.
- Do not damage the property or allow your guests to damage the property. Normal wear and tear is expected, but you are responsible for additional damages.
- Don’t disturb your neighbors’ peaceful enjoyment of the premises.
- Provide the landlord reasonable access. The landlord may enter at reasonable times if there are repairs or replacements, to inspect the unit, or to show the unit to a prospective future tenant or contractor. The landlord must provide 48 hours’ notice before entering, except in an emergency.
Arizona tenant’s rights
- The landlord must provide a habitable unit. That means it must meet building and health codes, they must make necessary repairs, shared areas like hallways must be clean and safe. This includes:
- Meeting building and health codes
- Making necessary repairs
- Shared areas like hallways must be clean and safe
- Electrical, plumbing, sanitary, heating, ventilation, air conditioning, and other appliances must be kept in working order
- Must provide receptacles for trash and ensure trash is removed regularly
- Provide running water and reasonable hot water, heat, air conditioning or cooling
- The landlord must provide a habitable unit. That means it must meet building and health codes, they must make necessary repairs, shared areas like hallways must be clean and safe. This includes:
- A landlord may not lock a tenant out of the residence without a court order or remove any of the tenant’s belongings from the unit.
- A landlord may not unlawfully turn off essential services like electricity, water or heat, regardless of whether the tenant is behind on rent.
- If the landlord has done anything that violates these rights, the tenant may file a lawsuit for up to two months’ rent or twice their actual damages, whichever is greater.
What if an Arizona landlord fails to maintain the premises?
If the landlord fails to uphold their obligations, the tenant has certain options.
Failure to supply water, gas, electrical, hot water, heat, air conditioning, etc.
The tenant may obtain these services at a reasonable cost and deduct the actual cost from their rent. For example, if the tenant must purchase bottled water because there is no running water, they may provide receipts to the landlord and subtract that amount from their next rent payment.
The tenant may also file a lawsuit against the landlord for the reduced value of the rental, or they may obtain reasonable substitute housing that the landlord could be required to pay for in part.
The tenant must maintain copies of all notice provided to the landlord, and any relevant receipts and documents related to the claim. The law does not require written notice, but if you ever need to resort to other legal remedies, this will be proof that the landlord was on notice of the poor conditions.
Failure to make repairs
The tenant should provide notice to the landlord if the unit requires repairs. If the landlord fails to remedy the problem within 10 days, the tenant has three options:
- Terminate the lease;
- Sue the landlord for damages; and
- File a lawsuit in Superior Court for injunctive relief to force the landlord to correct the problem.
The Arizona tenant’s right to “Repair and Deduct” is permitted under certain conditions under A.R.S. § 33-1363. This would apply to serious defects in the unit, and would allow a tenant to deduct the cost of repair from their rent, but only in specific circumstances.
Where to file a landlord-tenant lawsuit in Arizona
There are a few ways to file an Arizona landlord-tenant lawsuit.
If the damages exceed $10,000 or if you’re seeking an injunction, you must file the complaint in Superior Court.
The Superior Court Law Library in your county can supply forms and references for writing a complaint. The complainant would file at the court’s civil complaints office and pay necessary fees or request a fee deferral.
If the complaint is less than $10,000 and you don’t need injunctive relief, you must file in your local Justice Court.
Your county Superior Court has a list of Justice Courts and their locations. You can file the complaint and pay fees at the local Justice Court in your municipality. Justice Courts may award financial damages but cannot order an injunction.
If the complaint is less than $3,500, you may file a complaint in Small Claims Court. This is a division of your local Justice Court. This is the most cost-effective and fastest way to handle a claim. You do not need a lawyer to represent yourself in small claims court.
What violates an Arizona rental agreement?
- Failure to pay rent. The landlord may provide written notice that includes the amount of rent owed and late fees, and that your rental agreement will end if not paid within five days.
You can reinstate the rental agreement by paying unpaid rent and late fees, until the landlord files in court. After five days, the landlord may file for eviction. - Breaking rules or disturbing other tenants. Usually, the landlord must provide a problematic tenant with ten days’ notice about correcting the behavior. If the tenant corrects the behavior, they can request written proof from the landlord that the issue has been fixed. If the problem isn’t resolved within ten days, the landlord may terminate the rental agreement and file for eviction.
- Health or safety violation. If a tenant or their guest does something that materially affects health or safety, the landlord may notify that they must correct the issue within five days. If the problem is not corrected in that time, the landlord may file for eviction.
- Irreparable violation. A serious violation could lead to notice to vacate the premises in 24 hours. If the landlord files an eviction notice, the court will offer a hearing within three days. The tenant is responsible for their guests’ conduct if the tenant could reasonably be expected to be aware that the guest would break a rule or law.
The Fair Housing Act
The Fair Housing Act is a federal law that is not specific to Arizona. The federal Fair Housing Act plays a crucial role in protecting tenants from discrimination based on race, color, religion, sex, national origin, disability, and familial status.
If you believe that your rights as a tenant or your abilities as a landlord require legal assistance, you can contact a landlord-tenant lawyer in your community.
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