The following provides information and resources concerning LANDLORD issues and concerns. The guide covers landlord duties, rights and remedies in the event of a breach by a tenant, landlord created rules, and acceptable self help measures.
DUTY TO MAINTAIN THE RESIDENCE
In general, landlords must provide safe, clean and habitable residences. Among other things, they must:
If a landlord fails to comply with his or her obligations, and the cost of compliance would have been $300.00 or less (as stated in A.R.S. 33-1363(A)), the tenant may recover damages for the breach under A.R.S. § 33-1361(B) or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. A.R.S. § 33-1363(A). This process, called "self-help for minor defects", is outlined further in A.R.S. § 33-1363.
If a landlord deliberately or negligently fails to provide water, gas or electrical services, a tenant has several remedies that are outlined in A.R.S. § 33-1364.
NONPAYMENT OF RENT
If a tenant fails to pay rent promptly, the landlord may collect all reasonable charges specified in the rental agreement. A.R.S. § 33-1368(C). When tenants have fallen behind in their rent payments, landlords must notify the tenants that they have five calendar days in which to pay past due rent or the rental agreement will be terminated. A.R.S. § 33-1368(B). The notice must either be hand delivered to the tenant or sent to the tenant by certified or registered mail. A.R.S. § 33-1313(B).
Landlords cannot raise the rent to specifically retaliate against a tenant for complaining about housing code violations, for joining a tenant union, or for complaining about failure to keep the dwelling fit. A.R.S. § 33-1381.
Landlords don't have to accept partial rent payments. If they do without getting a written agreement stating when the remainder is due along with any other terms, they waive their rights to terminate the rental agreement for that particular breach of the rental agreement. A.R.S. § 33-1371.
TENANT BREACH OF RENTAL AGREEMENT
If a tenant fails to comply with the rental agreement, the landlord may deliver a written notice to the tenant specifying what the tenant did or didn't do and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. A.R.S. § 33-1368.
If the noncompliance with the rental agreement affects health and safety and the tenant either fails to comply as promptly as conditions require in emergency or within fourteen days after written notice by the landlord, the landlord can enter the residence and remedy it him or herself and add the reasonable cost of the work to the next rent payment. A.R.S. § 33-1369.
Landlords cannot forcibly remove the tenant or intentionally cut off essential services, including utilities, except as provided by the Statute. This is generally limited to situations when the tenant has abandoned the property or when the tenant has been evicted. A.R.S. § 33-1374.
If a landlord provides two days' advance notice of his or her intent to enter the resident at a reasonable time to make repairs, alterations, decorations, or improvements, tenants can't unreasonably refuse to allow landlords into their residences. In case of emergency, however, landlords can enter without consent and without notice. Landlords are prohibited from abusing this right or using it to harass the tenant. A.R.S. § 33-1343.