What a Landlord Can Not Do in Arizona: A Guide

Being an Arizona residential landlord can be beneficial in various ways. For example, you can increase your tax deductions, earn more money through annual rent hikes, and property value rises over time. However, it’s vital to follow Arizona law to avoid legal trouble.

The consequences can be troublesome if a landlord fails to follow Arizona Landlord-Tenant laws. That’s why we’ve developed a straightforward guide on relevant rules and regulations within the state.

#1: A Landlord Cannot Evict an Active Duty Service Member Due to Nonpayment

According to the federal law, the Servicemembers Civil Relief Act (SCRA), service members on active duty can’t be evicted because they failed to pay rent. This particular SCRA protection extends to their dependents, including spouses and children. This means that the service member doesn’t have to be presently living in the rental property for the protection to take effect.

The SCRA permits active duty service members to delay court proceedings for at least three months. The court can also arrange for modifications in monthly payments. This would make it easier for service members to manage expenses.

This SCRA protection only applies to evictions due to unpaid rent. A landlord can evict tenants who violate contract terms or any regulations under the Arizona Tenant Act. For example, if the tenant causes severe damage to the rental unit, they can be kicked out of the property.

#2: An Arizona Landlord Can’t Use Retaliatory Tactics

Arizona Landlord-Tenant laws state that landlords are not allowed to use retaliatory tactics against tenants who’ve asked for assistance and protection from government authorities. The tenant can seek assistance from relevant government bodies if the landlord doesn’t do their part in providing a safe and liveable environment.

Retaliatory tactics include but are not limited to, verbal threats of throwing out the tenant from the rental property, diminishing essential services, and surprise rent spikes. If an Arizona residential landlord violates this rule, the tenant can take legal action to remedy the situation.

The tenant can also break the lease early without being liable for penalties. The bottom line is that the tenant can receive up to two times the damages incurred or the equivalent of two months’ rent. Tenants can seek community legal services to understand the best course of action better.

#3: An Arizona Residential Landlord Can’t Engage in Harassment or Intimidation

Let’s say the tenant failed to pay their monthly rent or violated the Landlord and Tenant Act. While the landlord may subtract from the security deposit to compensate for their losses, they cannot harass or intimidate their tenant to get what they want. Examples of harassment include verbal abuse and frequent surprise visits.

Simultaneously, the landlord isn’t permitted to threaten their tenants by using someone else to frighten the tenant or changing the rental unit’s locks. Engaging in harassment or intimidation may lead to legal action. Tenants should seek legal advice if they think they’re being harassed by their landlord.

#4: Essential Services Must be Provided

Tenants in Arizona rely on their landlords to supply essential services as part of the lease agreement. Arizona rental utility laws mandate that these services remain unhindered during the tenant’s time in the rental unit. Essential utilities include electricity, plumbing, and clean water. The windows and doors should consist of safety features for the tenant’s protection.

But what if the Arizona landlord fails to do their part? The tenant can explore the following solutions:

• The deduct law permits the tenant to buy their own utilities and subtract the expense from their monthly rent. This is provided that the landlord neglected to provide what they’re entitled to.
• Tenants can file a lawsuit to decrease the property’s rental value. The deduction would be equal to the discomfort and inconvenience the tenant experienced.
• Tenants may relocate to another place temporarily. They won’t have to pay rent for a time when the essential service is not at their disposal. If the substitute housing is more expensive than daily rent, the tenant may get up to 25% of their daily rent costs.

#5: Self-Help Eviction is Illegal According to Arizona Landlord-Tenant Laws

Arizona law is strictly against the use of self-help eviction methods. These tactics include shutting off essential utilities, changing locks, and removing a tenant’s things without securing a court order. An Arizona landlord may face severe legal consequences if found guilty.

Tenants who are subjected to self-help eviction tactics can seek legal help. They may also be given some compensation for statutory damages caused by the landlord’s illegal approach.

#6: The Rental Agreement Should be Followed

Arizona has strict rental policies that ensure fair play between landlords and tenants. The lease agreement should be strictly followed. However, Arizona rental agreement regulations ensure the contract is fair and doesn’t violate tenant rights.

Let’s say the landlord decided to sell the property before the contract expires. The tenant is entitled to occupy the property until the contract ends. The landlord may offer an early termination fee, but the tenant isn’t obliged to accept it.

#7: A Proper Notice Should be Given to Tenants

According to Arizona law, the landlord must give their tenants a minimum of two days’ notice before going into the rental unit premises. This notice is more than a formality. It’s a sign of respecting the tenant’s privacy. This gives the tenant the chance to prepare for the visit accordingly.

The only exception is emergencies. The tenant can say no if the landlord wants to enter the property on a whim.

#8: There are Strict Security Deposit Rules

Arizona law has strict deadlines on security deposits. An Arizona residential landlord can’t ask for more than a month and a half’s rent for the security deposit. If a certain amount is non-refundable from the security deposit, it should be clearly stated in the contract.

Once the lease expires, the landlord must return the security deposit within 14 days. If the landlord fails to return the amount within this period, the tenant may be entitled to twice the security deposit amount.

#9: No Authorized Fees and Penalties Allowed

An Arizona landlord isn’t permitted to impose fees not stated in the contract. All fines must be documented and agreed upon from the start. The lease agreement should state if the tenant is subject to additional fees, apart from the security deposit and monthly rent.

The tenant can seek legal action if the landlord imposes an illegal fee. They can ask for assistance from relevant government bodies if they can’t afford a lawyer.

#10: Repair and Maintenance Requests Should be Attended to.

The landlord must respond to repair and maintenance requests promptly. They have 10 days to respond to the request accordingly. If they can’t attend to the request quickly, they should at least provide a realistic timeframe from the tenant’s convenience.

Conclusion

Following Landlord-Tenant laws in Arizona is vital for landlords to avoid unnecessary legal troubles and expenses. If a military tenant fails to pay rent on time, the landlord should verify that the tenant is entitled to SCRA protections. SCRACVS can help landlords determine this quickly. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

When should the security deposit be returned?

Arizona law states that the security deposit should be returned 14 days after the lease expires. Failure to follow this rule might cause the landlord to pay twice the security deposit amount.

What does the landlord and tenant law say about self-help evictions?

Self-help evictions are strictly prohibited in Arizona. Landlords who violate this rule may face legal repercussions.

Can you withhold rent for repairs in Arizona?

Yes, you can withhold rent if the landlord hasn’t attended to the repairs in the rental property yet. However, the tenant should have the amount ready when it’s time to pay.

Can Arizona landlords charge late fees? 

Yes, an Arizona landlord can charge late fees if explicitly stated in the lease agreement. The tenant can refuse to pay if this fee wasn’t agreed upon from the start.

What counts as retaliatory tactics? 

Retaliatory tactics include verbal threats of throwing out the tenant from the rental property, diminishing essential services, and surprise rent spikes. If an Arizona residential landlord violates this rule, the tenant can take legal action to remedy the situation.