Arizona Residential Lease Agreement

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RENTERS RIGHTS AND OBLIGATIONS IN ARIZONA

1 Notice

All notices shall be sent registered or certified mail, or personally delivered, unless otherwise agreed. A.R.S. 33-1313.

2 Repairs and Property State

A.R.S. 33 1324. It is the landlord’s responsibility to make sure that needed repairs are made to keep the property in a fit and livable state. It is the renter’s obligation to notify the landlord of any/all required repairs. Following proper notice, the landlord has five days to make any fixes that materially change the health and safety of the tenant(s) and 10 days to make any other requested repairs.

 3. Access to the Property by Landlord or Landlord’s Representative

The landlord has the right to immediately enter the premises in the event of an emergency or by court ruling. A.R.S. 33-1343.

4 Deposits/Fees

The lease agreement should set which are not and which deposits/fees are refundable. A landlord is not allowed to receive refundable security in an amount in excess of one and one -half month’s rent. At the ending of the lease all refundable down payment shall be refunded to the tenant pursuant to A.R.S 33 1321(G). The landlord can subtract unpaid rent or fixing costs from the security deposit.

A.R.S 33-1321(D) .

5 Termination of the Lease

Written notice of intention not to renew, unless the parties want for the lease arrangement to continue

the lease agreement shall be issued pursuant to the stipulations of the lease. If the lease continues on a month-to-month basis, absent prior written agreement, either the lease owner or the

tenant may terminate by providing 30 days written notice prior to the regular rental date (i.e. the date on which rent is due) per A.R.S. 33-1375(B).

If the tenant vacates the property before the lease expires, they can still be held responsible for damages, including, but not limited to, monthly rent. A holdover tenant is someone who remains in the lease property after the express duration of the lease has expired. The landlord can pick to evict a holdover tenant or allow the renter to continue living in the property on a month-to month basis under the provisions and conditions of the lease arrangement.

6 Foreclosure

The property to become the subject of a trustee’s sale shall not be allowed by the landlord and doing so may put the landlord in violation of the lease arrangement. Nonetheless, the tenant’s duty to pay rent does not be eliminated by a landlord’s failure to pay the mortgage. To avoid violating the lease, the renter should continue paying rent to the landlord up to the date on which the foreclosure is completed.

Should foreclosure occur during the term of the lease, specific protections are provided by The Protecting Tenants at Foreclosure Act of 2009 to tenants facing foreclosure by the landlord’s lender. If residential property is being occupied by the tenant pursuant to a bona fide, written lease, the tenant is usually entitled to continue residing in the property for the duration of the lease period. In such conditions, the new owner can evict the tenant after providing 90 days notice to vacate.

7 Insurance

Tenants are strongly encouraged to get renter’s insurance for their benefit. Pursuant to some lease agreements, particular pets may require additional insurance coverage. Tenants are encouraged to contact an insurance professional concerning added coverage that may be demanded.

8 Handicap Laws & Honest Housing

The Fair Housing Act forbids discrimination based on race, colour, national origin, faith, gender, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). See

HUD’s Fair Housing/Equal Opportunity website.

Additional Information:

1 Pests

Bedbugs: Bedbug infestation is on the rise in Arizona and nationally.

2 Barriers

County and each city has its own swimming pool obstacle ordinance and tenants should investigate and comply with all applicable state, county and municipal pool regulations.

3 Sex Offenders

The existence of a sex offender in the area of the property is not a fact that the landlord or agent is required to disclose. Since June 1996, Az has kept a registry and community notification system for convicted sex offenders. Prior to June 1996, registration was not required and only the higher risk sex offenders are on the site.

Documents for a Tenant to Review before moving in:

1 Residential Lease Agreement

Renters should protect themselves by taking the time to read the residential lease agreement and

Comprehend their legal rights and duties before they enter into a lease agreement.

2 Residential Lease Owner’s Property Disclosure Statement (RLOPDS)

Many landlords supply a RLOPDS. This document poses a variety of questions for the owner to answer about the property and its condition. The property manager/brokerage is not responsible for verifying the accuracy of the things on the RLOPDS; so, a tenant verify those statements of concern and should carefully review the RLOPDS.

3 Homeowners Association (HOA) Governing Records

If CC&Rs are recorded against the property, the tenant agrees to follow the CC&Rs. It is crucial that the renter review and agree to these constraints prior to leasing a property. The Arizona Department of Real Estate (ADRE) advises: “Read the deed constraints, additionally called CC&Rs (covenants, conditions and constraints). You might uncover some of the CC&Rs are quite severe.

In addition to CC&Rs, HOAs may be governed by Articles of Incorporation, Bylaws, Rules and Regulations, and normally architectural management standards. Read and understand these records. Additionally, be aware that fees are imposed by some HOAs.

Involving homeowners organizations or community associations should read the information supplied at Chapters 16 and 18 of the Arizona Revised Statutes – Title 33.

4 Disclosure Form

The landlord must provide the tenant with a lead-based paint disclosure form, if the house was constructed prior to 1978.

5 Move-in/Move-out Inspection

The importance of scrutinizing the property at the time of moving in cannot be overemphasized. The

Renter is encouraged to fill out a go-in/move-out checklist to identify material defects in the property within the stated timeframe.

Renters should keep a copy of the checklist for their records and may also need to take photographs of any damage observed at the time of move-in.

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