Renter Vs. Homeowner Rights in Arizona

Arizona renters are protected under the state's Residential Landlord & Tenant Act.

Both renters and homeowners in Arizona have rights under state law, although they differ in many respects. The laws for renters and landlords in Arizona are defined under the Residential Landlord & Tenant Act. Rights and obligations of homeowners, on the other hand, are defined under Title 33 of the Arizona Revised Statutes. These laws protect tenants against discrimination and dangerous environments. Tenants may be evicted for non-payment of rent, for example, but only after the landlord has followed established legal procedures.

Foreclosure and Termination

Tenants or home buyers who do not meet their obligations can be required to surrender property under Arizona law. However, both renters and homeowners have certain rights under the law as well. Renters who have met their financial obligations but whose rental contract has run out have the right to continue on a month-to-month basis unless new paperwork is drawn up by the landlord. If the landlord decides to terminate the agreement after the expiration date, he must provide 10 days' notice to the renter. Homeowners who do not meet financial obligations may suffer foreclosure, but only by appropriate court-mandated action.

Liens

Both homeowners and renters can have liens placed against their personal property if they do not meet their financial obligations for the property they occupy. However, Arizona law protects against undue seizure of property and provides recourse against the landlord or mortgage agent who does not take the proper legal steps to seize such property. For instance, landlords found guilty of committing unlawful forcible entry to seize property may be forced to pay restitution to the tenant. Homeowners may also take legal action when they have been wrongfully accused and subjected to property seizures and liens.

Disclosure

Both homeowners and renters have the right to know any material defects regarding the property they will occupy. Landlords and sellers are required to disclose any problems with the property that may carry the potential of danger to the future occupants. For instance, faulty wiring or structural problems that could result in injury have to be disclosed. Injury caused by a lack of disclosure may lead to liability suits.

Discrimination

Arizona Statute 33-303 states that that both renters and those purchasing homes may not be discriminated against for having a child or children. This is also covered under the Arizona Residential Landlord and Tenant Act. No restrictive covenants may used to exclude any tenants known to have children. Occupancy conditions must not indicate any exclusion of children. Violators are guilty of a petty offense under Arizona law.

References

• Arizona Office of the Secretary of State: Arizona Residential Landlord and Tenant Act
• Arizona State Legislature: Title 33 - Property