What a Landlord Cannot Do in Arizona?

Being an Arizona residential landlord offers many benefits, including tax deductions, the opportunity to earn more money through annual rent increases, and property value appreciation. While it’s a lucrative endeavor, you must abide by Arizona landlord-tenant laws to avoid legal issues.

The circumstances can be immense if a landlord fails to follow the rules. So, what are the basics you should know about Arizona landlord-tenant law? To ensure you follow Arizona law, we’ve developed a guide on what a landlord cannot do (Arizona edition).

#1: An Active Duty Service Member Can’t Be Evicted Due to the SCRA

You can’t evict your tenant if they’re an active duty service member. The Servicemembers Civil Relief Act (SCRA) protects armed forces personnel from being evicted because they fail to pay rent. This federal law permits service members to postpone eviction proceedings for three months minimum.

The court presiding over the case involving a military member may also mandate a change in monthly payments. This would help the military tenant afford their rent.

However, it should be highlighted that the SCRA only covers eviction due to nonpayment. If the tenant materially breaches the lease agreement, the landlord can proceed with the eviction.

A good example is when a tenant violates the resident limits on the property. If the rental agreement stipulates that a maximum of 5 people can live in a house or apartment, having a sixth person live there permanently is a legal ground for eviction.

#2: Retaliatory Tactics Are Prohibited

The Arizona Residential Landlord and Tenant Act mandates landlords cannot retaliate against tenants who take action asking for protection and assistance from government authorities. If the landlord doesn’t provide a safe and livable environment, the tenant can file a complaint to the relevant bodies.

In Arizona, landlords cannot use retaliatory tactics against tenants who have exercised their tenant rights. Prohibited tactics include sudden rent increases, diminishing services, and verbal threats to have the tenant evicted or their possessions thrown away.

If the landlord violates rental agreements through retaliation, the tenant can take legal action to regain access to the property and belongings.

They can also break the lease without fear of getting penalized. Either way, the tenant can get up to two months’ rent or two times the damages the tenant incurred, whichever amount is more significant. Community legal services can assist tenants in navigating through the process.

#3: The Rental Agreement Terms Should Be Honored

The Arizona Landlord and Tenant Act mandates that the lease agreement should detail the responsibilities and rights of both parties so the apartment or house being rented can be a healthy and safe space.

A written contract is required for leases of at least a year. However, this written agreement should be prepared regardless of the duration of the rent.

For month-to-month leases, the landlord should give the renter 30 days minimum written notice before making any significant changes to the rental agreement. Regarding longer leases, the landlord can only make amendments once the lease expires.

The contract should contain various clauses that abide by state laws. Lawful clauses explain vital terms such as monthly rent schedules, the agreed security deposit, and maintenance roles.

The lease agreement shouldn’t have unlawful clauses, such as a waiver for tenants’ rights to take the landlord to court or portions that say the landlord isn’t to maintain a safe environment.

It should be highlighted that Arizona law doesn’t cover sublease and assignments. The residential landlord and tenant can agree on the terms accordingly.

#4: An Arizona Residential Landlord Must Maintain the Rental Property Properly

Given the warm climate in Arizona, it’s mandated for landlords to provide a safe and healthy living space for their tenants. You shouldn’t neglect your duty to make necessary repairs or terminate the lease early to avoid maintenance responsibilities.

After a tenant notifies the landlord of any repair needs, the landlord must take action within ten days to fix the issue. At the very least, the landlord should provide a realistic timeline for correcting the problem.

If the landlord fails to fulfill this duty, the tenant may withhold rent or deduct the amount they spent to remedy the issues. The right to withhold rent is activated 10 days after the request is sent and acknowledged.

#5: Sudden Evictions Are Restricted According to Arizona Landlord-Tenant Laws

In Arizona, there are several reasons to evict tenants, including failing to pay rent on time, illegal activities, damaging the property on purpose, ending the lease agreement, and violating the rental agreement. If the tenant fails to comply with the rules, the landlord can evict them.

It should be highlighted that active-duty military personnel are exempted from unpaid rent because of the SCRA.

Unless the tenant engages in criminal activity, the landlord should provide written notice when the occupants should vacate the property. Tenants should be given at least five days to fix missed payments or safety and health violations. They’re given 10 days to resolve other types of issues.

If the landlord has no cause to evict the tenant from the rental unit, they should give their renter at least thirty days to leave the property. The landlord can take legal action if the tenant doesn’t go accordingly.

#6: An Arizona Residential Landlord Must Abide By Habitability Requirements

The landlord must provide a safe and healthy environment to tenants. But what exactly does this mean? The property should have access to essential utilities, including clean water, plumbing, and electricity. The doors and windows should have safety features to protect their inhabitants.

If there are issues about these vital housing features, the landlord must take care of them promptly. They’re granted 10 days to remedy the problems.

The landlord must also disclose if the property has lead paint, mold, or bed bugs. Older properties may have regular wear and tear, but it’s still the landlord’s job to inform the tenants what they’re getting into.

#7: Harassment and Intimidation Are Not Allowed

Let’s say the rental agreements were violated or the rent wasn’t paid on time. While the landlord can deduct from the security deposits, they can’t harass or intimidate the tenant to get what they need. Harassment may include frequent surprise visits to the property or verbal abuse.

Likewise, the landlord cannot threaten the tenant by changing the locks or sending someone frightening to force the tenant to act right. These illegal tactics are grounds for legal action and might do more harm than good to the landlord. Everything should be conducted the right way.

#8: Landlords Must Respect Tenant Rights and Protections

The rental agreement is legally binding, and the landlord must respect the tenants. While they may own the property, the tenant has certain rights upon signing the contract. These rights include the right to habitable residences, respecting one’s privacy and quiet enjoyment, a written receipt upon getting one’s security deposit (with itemized deductions) and getting the deposit returned on time.

The tenant may withhold rent if the landlord fails to respect these fundamental rights. In more severe cases, the tenant can sue the landlord and get compensated accordingly.

How Tenants Can Defend Against Abusive Landlords

The Arizona Tenant Act protects tenants from landlords who try to take advantage of them or use illegal tactics to get what they want. Here are some helpful tips to defend one’s self and uphold the rental agreement terms:

• Request SCRA protections if you’re a service member: This federal law allows you to delay eviction proceedings and change payment terms so you can afford your rent under certain circumstances.
• Ask for legal assistance if needed: Understandably, most tenants aren’t familiar with Arizona law. You can ask for help from a legal aid or lawyer to determine the best next steps in your situation.
• Document all communications: If you want a strong case against abusive landlords, you should keep a record of what they tell you. Ideally, the interactions should be in email or text so you have records of abuse.

Conclusion 

The rental agreement is the foundation for every lease in Arizona, and landlords should respect the law and tenants’ rights to avoid legal issues. But what if your tenant was a service member? You can easily confirm if your tenant has SCRA protections by opening an account with SCRACVS. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Can I get evicted due to nonpayment in Arizona?

Yes, you can get evicted for not paying your rent on time. However, you’re exempted from this rule if you’re an active-duty service member.

What are landlord retaliatory tactics?

Prohibited tactics include sudden rent increases, diminishing services, and verbal threats to have the tenant evicted or their possessions thrown away. The landlord should perform their duties to provide a safe environment for you to live in.

Can a service member get evicted in Arizona?

It depends on the reason for eviction. If the reason is nonpayment, the SCRA prevents the eviction from pushing through. However, eviction is legal if material breaches of the rental agreement exist.

Can a landlord in Arizona evict a tenant without a reason?

Yes, a landlord in Arizona is legally permitted to evict a tenant without a reason. However, they should give the tenant a minimum of 30 days to vacate the property.

How much notice must a landlord give before entering the rental property?

The landlord should give a 24-hour notice before going inside the property. They should also provide the reason for entering the premises.

What happens if a landlord violates Arizona landlord-tenant laws?

They can get sued if they violate the law. Depending on the grievance, the tenant may withhold rent or be entitled to compensation.

Can a landlord evict you immediately in Arizona?

Yes, if you’ve committed a crime, the landlord can evict you immediately. However, it would help if you were given at least 10 days for the tenant to fix any issues.

How much time must a landlord give a tenant to move out in Arizona?

It depends on the situation. However, in most cases, the tenant should be given 10 to 30 days to vacate the property.