Renter's Legal Rights in Arizona
Renting a home or apartment is a legal obligation that includes rights and responsibilities from both the landlord and tenant. While most tenants read the lease before signing, many are unaware of the laws that exist to fairly uphold the agreement. Arizona has laws in place to protect both parties involved in rental agreements. Tenants have legal rights and recourse when the landlord does not adequately follow the terms of the agreement.
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Deposits
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The Arizona Residential Landlord/Tenant law states that security deposits and advance rent (if first month of the agreement is to be paid in advance) cannot be greater than 150 percent of one month's rent. Security deposits are refundable following the termination of the rental agreement, and the balance should be given to the tenant within 14 days of the move-out date. Redecorating and pet deposits are also refundable unless the lease agreement specifically says otherwise. The landlord does have the right to deduct rent or damage charges from the deposit if an itemized statement is provided.
Rent
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The rent agreed upon on the signed rental agreement must stay in effect for the duration of the lease. The landlord can increase monthly rent only if the original rental agreement has expired and a new agreement is drawn up; if one month's notice is given (in the case of month-to-month agreements); if the rental agreement specifies that rent will increase at certain intervals; or if the transaction privilege tax on residences increases.
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Lease Termination
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If your rent becomes late, the landlord does have the right to file an eviction order, but she must provide a legal notice stating that you have five days to pay the rent before you the lease is terminated. If you pay the past-due amount within five days, you can continue to stay in the rental. If you make a partial payment, your landlord may have the right to proceed with an eviction unless there is a written agreement that allows you to stay in the dwelling. If the late rent is not paid and the landlord files suit, you can continue to stay in the rental until a judge makes a judgment for your eviction. If the judge charges a writ of resolution, you can be held liable to pay as much as two months' rent if you are found not to have acted in good faith.
Discrimination
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A landlord cannot knowingly refuse to rent to a person who has children unless the rental property is located in a exclusively adult subdivision. On the other hand, a landlord cannot advertise or rent to persons with children if the rental is in an adult community. A landlord cannot advertise that no children are permitted, nor can she discriminate against any race or protected class when accepting rental applications.
Peaceable Enjoyment
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The tenant has the right to peaceably enjoy the premises during the term of the agreement. While the tenant is responsible to keep the property and appliances/plumbing in good condition, the landlord does not have the right to inspect the property at any time. A landlord must provide the tenant two days' notice before planning to enter the rental dwelling. The landlord can enter without notice in case of emergency situations.
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References
- Photo Credit apartment for rent image by dead_account from Fotolia.com
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Comments
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I moved in with one of my friends and took about 15,000 worth computer equipment. This was 3 weeks ago his wife and I don't get along and I want to move but he does not want me totake my computer equipmnet. I want to make as little of deal out of this as possiblebut he wont let me get my things from his house inever let my lease go on my other apartment what legal rights do I have to get my livelyhood out of that house? Any suggestions would help.I just graduated from college and am trying to get on my feet and need alll the equipment to make my living. Could someone lead me in the right direction please.
