Tenants' Rights in Arizona
Arizona has specific laws for tenants inhabiting a home or apartment and for tenants renting a mobile home. They are designed to protect tenants and landlords against unreasonable or unsafe living conditions and protect landlords' financial interests.
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Discrimination
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According to the Arizona Supreme Court, under the Fair Housing Act, landlords may not discriminate against people based on gender, race, number of children, disability or age. Only properties that are part of a larger subdivision or area specified to have a certain age limit or restriction on children in the original deed, such as a retirement community, can turn down applicants with children or those under a specified age.
Rental Agreements
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The Arizona Tenant's Rights Handbook explains that oral rental agreements can only be made for tenancies under 12 months. All agreements for rental more than 12 months must be in writing, with both parties signing them. If no formal agreement is made, the tenancy is considered to be on a month-to-month basis.
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Lock-outs and Shutting Off Utilties
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Tenants have the right to access the rental property, and their belongings held within, unless the landlord has secured a court order preventing their entry. The Arizona Tenant Rights Handbook explains that the landlord is also prevented from shutting off any crucial utilities, such as heating or electricity, even when a tenant is behind on rent. Tenants who have experienced these issues have the right to sue for two month's worth of rent or for damages.
Eviction
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Even with a rental agreement with a specific end date, a landlord can ask a tenant to move out by providing a 30-day notice at any time. A 30-day notice can be given despite the rent being fully paid says the Arizona Supreme Court. When the rent is late, the tenant must receive a written notice giving them five days to pay in full. If they fail to do so, the landlord can file for a formal eviction.
Security Deposits
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No security deposit required by a landlord in Arizona can total more than 150 percent of the monthly rent. According to the Arizona Tenant's Rights Handbook, the landlord must return the security deposit within 14 days of the end of the rental agreement or submit an itemized list of the damages and repairs the security deposit was used to compensate the landlord for.
Raising the Rent
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Arizona tenants paying their rent monthly are entitled to a 30-day notice of any rent increases. Tenants who pay on a weekly basis are allowed at least 10-days notice, according to the Arizona Tenant Rights Handbook, and those in a yearly or longer lease cannot be subjected to rent increases before the lease agreement term is over.
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References
Resources
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