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Civil legal organizations in Arizona are seeking your input to increase their ability to meet the civil legal needs of Arizona's lower income residents. Please complete this survey to assist in improving civil legal services in Arizona.
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Arizona Legal Needs Survey Need Court Help? Need Court info?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.
Eviction
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:
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:
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:
Information provided in this pamphlet is based on Arizona law as of May 2002.
On 8/29/07
lucy said
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?
On 7/20/07
Nancy said
In our lease it states electricity provided. Does that mean we have to pay for it or is the landlord responsible for it?
On 6/29/07
Maria said
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 an apt in a dog friendly neighborhood. My upstairs neighbor works at night and sleeps during the day. She claims she can hear my dogs barking insessently all day long. Careful monitoring proves that they may bark at a sound like the rest of the dogs in the complex and the world. Nothing to prove her claim of excessive barking she does not own a dog. Am I able to terminate my lease? Is this discrimination since I am the only one who is being kept to a different standard?
I am currently renting a home in Tucson that has a Swamp Cooler. The swamp cooler has not been keeping the house cool. The temperature reaches between 88-91 degrees inside even with many fans throughout house. The landlord has failed to offer any way of cooling down the house. If we want an AC unit in the windows we must pay for it. He has neglected to fix things because we pay "cheap rent for the neighborhood we're in." Is the landlord legally responsible for providing livable conditions such as accurate cooling?
If a person is renting in an apartment complex and the landlord does not maintain the pool what are the rights of the tenants. The pool is green and pool care company reports landlord does not want to pay for all the right chemicals. This has been on going for 2 months at least.
What are tenant rights after their home has been burglarized more than once?i WENT TO COURT THE DAY BEFORE THANKSGIVING. I WAS EVICTED BUT THERE IS MORE TO IT THAN JUST THE MONEY WHICH I HAVE BEEN TRYING TO PAY MY LANDLORD, BUT SHE KEEPS HANGING UP ON ME. I NEED TO FILE AN APPEEAL BUT I DONT HAVE THE 75 DOLLARS HOW DO I GET THE FEE WAIVED?
my room mate is holding my belongings and won't release them until I pay $1500 to him is this legalThe landlord’s noncompliance is materially affecting the tenant’s health and safety, what is the word "Saftey" refering to? Is adequate outdoor lighting that is not on resident's utility bill to deter break-in, vandalisim,and property theft included?
I didn't pay rent this month due to the landlord not fixing anything within the last six months. I decided to move since they are not fixing anything. Can the landlord lock my possesions in the house or do they have to give me a notice first?
My apartment is being infested with cockroaches due to my filthy neighbors. I have talked with the leasing office multiple times over the occasion and their have not addressed with with the neighbors. The only solution they have offered is the tiny cockroach tabs to put in cabinets. I have not had food or trash in my apartment for over two months because of not being able to live there with the cockroaches. Is there a way to break my lease because the landlord has not provided a "safe and habitual environment?"
I recently moved out and the landlord never gave me my deposit back. I left the home in good condition the only thing he wrote on the disposition report that the carpet was dirty. Ever since we moved in we told him the carpet needed to be replace because it was worn out and you could see previous stains he never did anything about it. Now he wants to subtract that from the deposit which i think is unfair. What can I do?