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Arizona Landlord & Tenant Blog
Attorney at Law, focusing on Arizona real estate law and Arizona landlord and tenant law.
Recent Activity
The law requires the landlord to give the tenant a move-in inspection form at the beginning of the rental agreement (see A.R.S. 33-1321(C)). The form is for the tenant to document existing property damage/defects. That is all that is required... Continue reading
Posted Apr 24, 2015 at Arizona Landlord Tenant Blog
Legal answers: no, yes, and yes. Practical answers: yes, yes, and yes. The Arizona Landlord/Tenant Act (Act) says the landlord and tenant can agree to any terms they desire (see A.R.S. Section 33-1314), except for the impermissible provisions listed in... Continue reading
Posted Mar 17, 2015 at Arizona Landlord Tenant Blog
The landlord has three separate and distinct obligations regarding the move-out inspection. First, the landlord must give the tenant a move-in inspection form, which will document the condition of the rental property upon move-in and subsequently compared with the entries... Continue reading
Posted Feb 28, 2015 at Arizona Landlord Tenant Blog
There are only three ways for a residential landlord to recover possession of the rental unit: (1) the tenant voluntarily returns possession of the rental unit to the landlord (i.e., at the end of tenancy or for any other reason),... Continue reading
Posted Dec 17, 2014 at Arizona Landlord Tenant Blog
Yes and no. If you go to court, the court will only allow you to assess and collect late fees if there is a written rental agreement AND it includes a late fee provision. (See ARS Section 33-1368.B and 33-1377.F).... Continue reading
Posted Jun 11, 2014 at Arizona Landlord Tenant Blog
Yes. Generally, the law permits people to enter into contracts, including commercial leases, upon whatever terms the landlord and tenant agree. Therefore, if you sign a commercial lease for a store in a shopping center, for example, that is written... Continue reading
Posted May 28, 2014 at Arizona Landlord Tenant Blog
"Normal wear and tear" can (and usually does) mean different things to different people. One judge may think it means one thing, but another judge will likely think it means something different. That leaves too much uncertainty. This is precisely... Continue reading
Posted Apr 28, 2014 at Arizona Landlord Tenant Blog
When a rental property is sold during the term of the lease, the new owner takes the property "subject to" (discussed more below) the existing lease. This is true of a normal sale and a “short sale” because a short... Continue reading
Posted Apr 23, 2014 at Arizona Landlord Tenant Blog
Maybe. The tenant is bound by an Arizona lease until the termination date, but the lease may have a “buy out” provision (also known as a liquidated damages provision), whereby the tenant pays the landlord a specified amount and the... Continue reading
Posted Apr 18, 2014 at Arizona Landlord Tenant Blog
No, out-of-state owners/landlords are not required to have a local property manager, but out-of-state owners/landlords of residential rental property must have an in-state “statutory agent” (see A.R.S. Section 33-1902.B), which is different than a property manager. A property manager manages... Continue reading
Posted Apr 17, 2014 at Arizona Landlord Tenant Blog
Maybe. The Act, Section 33-1318, allows a tenant to terminate a lease -- without any financial penalty whatsoever -- if the tenant is a victim of domestic violence AND the tenant sends a written request to the landlord to be... Continue reading
Posted Mar 25, 2014 at Arizona Landlord Tenant Blog
A residential month-to-month tenancy in Arizona may be terminated by either party providing the other party with a written notice at least thirty days before the end of the next “periodic term” and tenancy must terminate at the end of... Continue reading
Posted Feb 7, 2014 at Arizona Landlord Tenant Blog
In Arizona, a month-to-month rental agreement is binding. A month-to-month rental agreement can be oral or written; both are enforceable. In either case, both the landlord and tenant must give thirty days advance written notice to terminate tenancy. The applicable... Continue reading
Posted Nov 19, 2013 at Arizona Landlord Tenant Blog
A 5-Day Notice to Pay or Quit (referred to herein as a "5-Day Notice") can be served upon a tenant as soon as rent is delinquent. If rent is due on the first day of the month and is not... Continue reading
Posted May 25, 2012 at Arizona Landlord Tenant Blog
The Arizona Landlord and Tenant Blog provides FREE information for both landlords and tenants. This is where you can get FREE information about Arizona landlord and tenant law (both residential and commercial). You will also learn about helpful products and... Continue reading
Posted Mar 23, 2012 at Arizona Landlord Tenant Blog
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Yes. The Arizona Residential Landlord and Tenant Act was amended in July 2010 and a new statute was added – A.R.S. Section 33-1331. In short, the statute says that if a rental property is already in foreclosure, then the landlord... Continue reading
Posted May 25, 2011 at Arizona Landlord Tenant Blog
No. The Act requires: "The landlord shall:... (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." (See ARS Sec. 33-1324(A)(2)). But the Act does not require the landlord... Continue reading
Posted May 9, 2011 at Arizona Landlord Tenant Blog
The "correct" answer depends on many variables. If the spa (or whatever) was not working when the tenant took tenancy and the landlord made clear that it would not be fixed, then the answer is clear -- the landlord would... Continue reading
Posted Apr 29, 2011 at Arizona Landlord Tenant Blog
Forget foreclosure for a moment. In a “regular” sale of a rental property by the owner/landlord to a new buyer, the new owner takes the rental property “subject to” the existing lease, which means that both the new owner and... Continue reading
Posted Apr 26, 2011 at Arizona Landlord Tenant Blog
A tenant should look for language in the lease that makes it a breach of contract for the landlord to let the rental property go into foreclosure. If there is a provision in the lease that makes it a breach... Continue reading
Posted Dec 7, 2010 at Arizona Landlord Tenant Blog
The first thing a tenant should do is to call the landlord and discuss the issue. Don’t be confrontational, just ask what the landlord intends to do. The landlord may be doing a loan modification or may tell you straight... Continue reading
Posted Dec 2, 2010 at Arizona Landlord Tenant Blog
Cross-reference: See this blog post – Can a residential tenant terminate a lease: (1) within 3, 5, 10 or some other number of days after signing the lease, (2) if the tenant loses his/her job, (3) gets a job transfer,... Continue reading
Posted Oct 29, 2010 at Arizona Landlord Tenant Blog
A landlord cannot collect a security deposit equal to more than one and one-half month’s rent. For example, if the monthly rent is $1,000.00, then the maximum security deposit a landlord may legally collect is $1,500.00. For more information about... Continue reading
Posted May 19, 2010 at Arizona Landlord Tenant Blog
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