Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation. Laws change over time and you should seek counsel to discuss any specific legal questions.
Residential landlords and tenants may have disputes for a variety of reasons, including issues with the property, the terms of the lease or disagreements about repairs and maintenance. Some common issues that can lead to disputes include non-payment of rent, unauthorized subletting, damage to the property, disagreements over security deposits and other situations. These disputes can arise due to lack of understanding or communication, or due to a lack of trust.
Regardless of why disputes arise, landlords and tenants in Arizona should understand their rights and tread carefully as they look for an appropriate resolution. It is always wise to consult an experienced real estate attorney when navigating any type of controversy with potential legal consequences. In the meantime, this is what Arizona landlords and renters need to know about resolving disputes.
Common Disputes Between Landlords and Tenants
In Arizona, some common disputes between landlords and tenants include issues with rent payments, property damage and violations of lease agreements.
One common issue is non-payment of rent. This can occur when a tenant falls behind on their rent payments, and the landlord may choose to evict the tenant as a result. A.R.S. § 33-1368(B) states that landlords must provide notice to the tenant that rent is late, and the tenant has five days to pay the rent and any applicable late fees as per the terms of the lease. Only after the final day of notice can the landlord file an eviction action if the tenant still has not paid.
Another common dispute is over property damage. Landlords may dispute with tenants over damages caused to the property during the tenant’s occupancy, and may deduct the cost of repairs from the tenant’s security deposit. However, per A.R.S. § 33-1363, landlords who do not address necessary repairs in a timely manner may be required to pay a licensed contractor for work done on the property. A related issue is with security deposit disputes — tenants may dispute the deductions taken by landlords from the deposit, claiming the damages were pre-existing or that the landlord did not properly document the damages.
Violations of lease agreements is also a common reason landlords and tenants quarrel. Tenants may violate the terms of the lease by subletting the property without permission or having unauthorized occupants, or by keeping pets in a pet-free property. Landlords may take action to evict the tenant or impose penalties as a result.
Lastly, disputes over maintenance and repairs are incredibly common. Landlords may neglect to make necessary repairs to the property, or may delay repairs, leading to disputes with tenants.
Landlord Rights in Arizona
As a landlord in Arizona, you have several rights, including but not limited to the following:
- The right to collect rent: Landlords have the right to collect rent from your tenants according to the terms of the lease agreement.
- The right to access the property: Landlords have the right to access the property for the purpose of inspection, maintenance, or repair, but must give the tenant reasonable (typically two days) notice before entering the property.
- The right to evict tenants: Landlords have the right to evict tenants in violations of the lease agreement terms or fail to pay their full rent. However, they must follow the proper legal procedures for eviction.
- The right to retain a security deposit: Landlords have the right to retain a security deposit to cover any damages caused by the tenant or unpaid rent. Keep in mind, the landlord must create a detailed and itemized list of all deductions and promptly provide it to the tenant.
- The right to set and increase rent: Landlords have the right to set the rent for the property and increase it as long as it’s done in accordance with the state laws and any lease agreements.
- The right to terminate the lease: Landlords have the right to terminate a lease agreement if the tenant violates the terms of the lease or for other reasons as stated in the lease agreement.
It is important to note that all these rights must be exercised within the framework of state laws and regulations, and it is always advisable to seek legal advice before taking any action.
Tenant Rights in Arizona
Residential tenants in Arizona also have their own set of rights detailed in the Arizona Residential Landlord and Tenant Act, including the following:
- The right to a safe and livable space: Tenants have the right to live in a property that is safe and in good working order. Your landlord is responsible for making sure that the property is free from hazards and that any necessary repairs are made in a timely manner.
- The right to privacy: Tenants have the right to privacy in your rental unit. Your landlord must give you reasonable notice before entering your unit and can only enter for specific reasons, such as emergency repairs or inspections.
- The right to a fair and timely return of your security deposit: Tenants have the right to a fair and timely return of your security deposit. Your landlord must return your deposit within 14 days after you move out, unless deductions were made for unpaid rent or damages.
- The right to pursue legal action against your landlord: If your landlord violates your rights, tenants have the right to pursue legal action against them to resolve the dispute. This can include filing a complaint with a government agency or filing a lawsuit.
- The right to be protected from discrimination: Tenants have the right to be protected from discrimination on the basis of race, color, religion, sex, familial status, national origin, or disability.
- The right to quiet enjoyment: Tenants have the right to quiet enjoyment of the rental property, free from undue disturbance from the landlord or other tenants.
It is important to note that all these rights must be exercised within the framework of state laws and regulations, and it is always advisable to seek legal advice before taking any action.
How to Resolve Disputes Between Landlords and Tenants
It’s best to try resolving disputes between landlords and tenants in Arizona without going to court, but legal counsel may be necessary if disputes cannot be easily mediated. Reasons for disputes between landlords and tenants can vary, but having the assistance of an experienced real estate attorney can help settle disagreements fairly and efficiently. The attorneys at Gottlieb Law are well-versed in landlord and tenant disputes in Arizona. We can quickly review your dispute and help guide you to a resolution. Contact our firm today at 602-899-8188 to schedule an initial consultation on your dispute or make an appointment on our contact us page.
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation. Laws change over time and you should seek counsel to discuss any specific legal questions.