The Arizona Landlord and Tenant Act for a Copy of a Lease
Arizona's Residential Landlord and Tenant Act requires landlords to provide tenants with: 1) information about how to obtain copies of the Arizona Landlord and Tenant Act; 2) the property manager's contact information; and 3) a signed copy of the lease--all by the time the tenant moves in. Additionally, landlords must inspect the property for existing damages and provide tenants with the inspection notification.
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Landlord's Duties During Tenancy
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Landlords have a duty to supply running water and maintain all plumbing, heating and electrical equipment. Landlords must keep their common areas free of trash and pests. Arizona requires landlords to comply with local building ordinances and safety codes to provide a safe and habitable environment for all tenants. These duties exist during the entire tenancy.
A.R.S. Section 33-1321 and Section 33-1322
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The landlord's obligation to provide written disclosures and tender the executed lease agreements are enacted in the Arizona Revised Statutes and Arizona Residential Landlord and Tenant Act. Under Section 33-1321 of the act, the requirements are effective after January 1, 1996. Under Section 33-1322, landlords who fail to provide these disclosures or tender the signed agreement are guilty of a material noncompliance of the lease agreement. Substantial noncompliance of the written rental agreement allows the tenant to exercise legal remedies.
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Tenant's Legal Remedies
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Under Section 33-1361 of the Revised Code and Landlord and Tenant Act, tenants have certain remedies against landlords who fail to comply with the terms of the rental agreement in a material way. Tenants may provide a written notice to the landlord of the requirement to provide the tenant with a copy of the signed lease agreement, also providing notice to the landlord that the agreement will terminate in 10 days. If, however, the landlord can remedy this failure by providing the tenant with the signed agreement within 10 days, then the tenant cannot terminate the agreement.
Tenant's Duties for Signed Lease
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If the landlord signs the lease and provides the tenant with a signed copy of the rental agreement, Arizona's law requires the tenant to deliver one signed copy of the lease agreement to the landlord within a "reasonable" time period. If the tenant fails to comply with this requirement, then the landlord has legal recourse under the state's laws including seeking a judicial eviction after providing the tenant with an opportunity to cure the defect by providing a signed copy of the lease.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
Resources
- Photo Credit signing a contract image by William Berry from Fotolia.com