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Arizona

Welcome to our area here on Underground Landlord for laws pertaining to Landlord and Tenant law for the great state of Arizona. 

Navigating the Table of Contents on This and Other State Pages!

Hover over the general statement to the right that best fits the area of the law you are in question of. Next click that particular one and the cursor will automatically take you to it from the Arizona state legislature. Each time you are somewhere on this page look for a button like the one below that reads Table of Contents. Clicking that will always bring you back to the top of the Table of contents here and you can research other laws. There are also informative boxes all along the left side of the page. Enjoy!

Table of Contents

Arizona Revised Statute

Title 33 – Property

Chapter 10 – Arizona Residential Landlord and Tenant Act

 

  • Article 1 – General Provisions

 

  • 33-1301 Short title

  • 33-1302 Purposes

  • 33-1303 Supplementary principles of law applicable

  • 33-1304 Applicability of chapter

  • 33-1305 Administration of remedies; enforcement; notice and pleading requirements

  • 33-1306 Settlement of disputed claim or right

  • 33-1307 Territorial application

  • 33-1308 Exclusions from application of chapter

  • 33-1310 General definitions

  • 33-1311 Obligation of good faith

  • 33-1312 Unconscionability

  • 33-1313 Notice

  • 33-1314 Terms and conditions of rental agreement

  • 33-1314.01 Utility charges; submetering; ratio utility billing; allocation; water system exemption

  • 33-1315 Prohibited provisions in rental agreements

  • 33-1316 Separation of rents and obligations to maintain property forbidden

  • 33-1317 Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; applicability

  • 33-1318 Early termination by tenant for domestic violence; conditions; lock replacement; access refusal; treble damages; immunity

  • 33-1318.01 Early release termination for law enforcement officers; definition

  • 33-1319 Bedbug control; landlord and tenant obligations; definitions

 

Article 2 – Landlord Obligations

 

  • 33-1321 Security deposits

  • 33-1322 Disclosure and tender of written rental agreement

  • 33-1323 Landlord to supply possession of dwelling unit

  • 33-1324 Landlord to maintain fit premises

  • 33-1325 Limitation of liability

  • 33-1329 Regulation of rents; authority

  • 33-1330 Transfer of records on sale

  • 33-1331 Notice of foreclosure; effect on lease; damages

 

Article 3 – Tenant Obligations

 

  • 33-1341 Tenant to maintain dwelling unit

  • 33-1342 Rules and regulations

  • 33-1343 Access

  • 33-1344 Tenant to use and occupy as a dwelling unit

Article 4 – Remedies

 

  • 33-1361 Noncompliance by the landlord

  • 33-1362 Failure to deliver possession

  • 33-1363 Self-help for minor defects

  • 33-1364 Wrongful failure to supply heat, air conditioning, cooling, water, hot water or essential services

  • 33-1365 Landlord's noncompliance as defense to action for possession or rent; definition

  • 33-1366 Fire or casualty damage

  • 33-1367 Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services

  • 33-1368 Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition

  • 33-1369 Failure to maintain

  • 33-1370 Abandonment; notice; remedies; personal property; definition

  • 33-1371 Acceptance of partial payments

  • 33-1372 Landlord liens; distraint for rent

  • 33-1373 Remedy after termination

  • 33-1374 Recovery of possession limited

  • 33-1375 Periodic tenancy; hold-over remedies

  • 33-1376 Landlord and tenant remedies for abuse of access

  • 33-1377 Special detainer actions; service; trial postponement

  • 33-1378 Removal of guest

 

Article 5 – Retaliatory Action

 

  • 33-1381 Retaliatory conduct prohibited

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List of Counties in Arizona

  • Apache County, AZ

  • Cochise County, AZ

  • Coconino County, AZ

  • Gila County, AZ

  • Graham County, AZ

  • Greenlee County, AZ

  • La Paz County, AZ

  • Maricopa County, AZ

  • Mohave County, AZ

  • Navajo County, AZ

  • Pima County, AZ

  • Pinai County, AZ

  • Santa Cruz County, AZ

  • Yavapai County, AZ

  • Yuma County, AZ

Links to Legal Pages Based on State

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Article 1 – General Provisions

 

33-1301. Short title This chapter shall be known and may be cited as the Arizona residential landlord and tenant act.

 

33-1302. Purposes Underlying purposes and policies of this chapter are:

 

1. To simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant.

 

2. To encourage landlord and tenant to maintain and improve the quality of housing.

 

33-1303. Supplementary principles of law applicable Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.

 

33-1304. Applicability of chapter This chapter shall apply to the rental of dwelling units. Any conflict between the provisions of chapter 3 and chapter 7 of this title with the provisions of this chapter shall be governed by the provisions of this chapter.

 

33-1305. Administration of remedies; enforcement; notice and pleading requirements

 

A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.

 

B. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.

 

C. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.

 

33-1306. Settlement of disputed claim or right A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.

 

33-1307. Territorial application This chapter applies to, regulates, and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.

 

33-1308. Exclusions from application of chapter Unless created to avoid the application of this chapter, the following arrangements are not covered by this chapter:

 

1. Residence at an institution, public or private, if incidental to detention, the provision of medical, educational, counseling or religious services or the provision of a social service program that is provided by a social service provider. For the purposes of this paragraph, "social service provider" means a private entity that directly assists an individual or family in obtaining housing and that offers to provide the individual or family with assistance in obtaining employment, child care, health care, education, skills training, transportation, counseling or any other related service.

 

2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest.

 

3. Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.

 

4. Transient occupancy in a hotel, motel or recreational lodging.

 

5. Occupancy by an employee of a landlord as a manager or custodian whose right to occupancy is conditional upon employment in and about the premises.

 

6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

 

7. Occupancy in or operation of public housing as authorized, provided or conducted under or pursuant to title 36, chapter 12, or under or pursuant to any federal law or regulation. 

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List of Cities and Towns in Arizona

  • Ajo

  • Ak-Chin Village

  • Amado

  • Apache Junction

  • Arizona City

  • Arizona Village

  • Ash Fork

  • Avondale

  • Avra Valley

  • Bagdad

  • Benson

  • Big Park

  • Bisbee

  • Bitter Springs

  • Black Canyon City

  • Blackwater

  • Bluewater

  • Bouse

  • Buckeye

  • Bullhead City

  • Burnside

  • Cameron

  • Camp Verde

  • Canyon Day

  • Carefree

  • Casa Grande

  • Casas Adobes

  • Catalina

  • Catalina Foothills

  • Cave Creek

  • Central Heights-Midland City

  • Chandler

  • Chilchinbito

  • Chinle

  • Chino Valley

  • Chuichu

  • Cibecue

  • Cibola

  • Clarkdale

  • Claypool

  • Clifton

  • Colorado City

  • Congress

  • Coolidge

  • Cordes Lakes

  • Cornville

  • Corona de Tucson

  • Cottonwood

  • Cottonwood-Verde Village

  • Dennehotso

  • Desert Hills

  • Dewey-Humboldt

  • Dilkon

  • Dolan Springs

  • Douglas

  • Drexel-Alvernon

  • Drexel Heights

  • Dudleyville

  • Duncan

  • Eagar

  • East Fork

  • East Sahuarita

  • Ehrenberg

  • Elgin

  • El Mirage

  • Eloy

  • First Mesa

  • Flagstaff

  • Florence

  • Flowing Wells

  • Fort Defiance

  • Fortuna Foothills

  • Fountain Hills

  • Fredonia

  • Gadsden

  • Ganado

  • Gila Bend

  • Gilbert

  • Gisela

  • Glendale

  • Globe

  • Gold Camp

  • Golden Valley

  • Goodyear

  • Grand Canyon Village

  • Greasewood

  • Green Valley

  • Guadalupe

  • Hayden

  • Heber-Overgaard

  • Holbrook

  • Hotevilla-Bacavi

  • Houck

  • Huachuca City

  • Jeddito

  • Jerome

  • Kachina Village

  • Kaibab

  • Kaibito

  • Kayenta

  • Keams Canyon

  • Kearny

  • Kingman

  • Kykotsmovi Village

  • Lake Havasu City

  • Lake Montezuma

  • Lechee

  • Leupp

  • Litchfield Park

  • Littletown

  • Lukachukai

  • McNary

  • Mammoth

  • Many Farms

  • Marana

  • Maricopa

  • Mayer

  • Mesa

  • Mesquite Creek

  • Miami

  • Moenkopi

  • Mohave Valley

  • Mojave Ranch Estates

  • Morenci

  • Mountainaire

  • Munds Park

  • Naco

  • Nazlini

  • New Kingman-Butler

  • New River

  • Nogales

  • Oljato-Monument Valley

  • Oracle

  • Oro Valley

  • Page

  • Paradise Valley

  • Parker

  • Parker Strip

  • Parks

  • Patagonia

  • Paulden

  • Payson

  • Peach Springs

  • Peeples Valley

  • Peoria

  • Peridot

  • Phoenix

  • Picture Rocks

  • Pima

  • Pine

  • Pinetop-Lakeside

  • Pinon

  • Pirtleville

  • Pisinemo

  • Poston

  • Prescott

  • Prescott Valley

  • Quartzsite

  • Queen Creek

  • Queen Valley

  • Red Mesa

  • Rio Rico Northeast

  • Rio Rico Northwest

  • Rio Rico Southeast

  • Rio Rico Southwest

  • Rio Verde

  • Rock Point

  • Rough Rock

  • Round Rock

  • Sacaton

  • Safford

  • Sahuarita

  • St. David

  • St. Johns

  • St. Michaels

  • Salome

  • San Carlos

  • San Luis

  • San Manuel

  • Santan

  • Santa Rosa

  • Sawmill

  • Scottsdale

  • Second Mesa

  • Sedona

  • Seligman

  • Sells

  • Shongopovi

  • Shonto

  • Show Low

  • Sierra Vista

  • Sierra Vista Southeast

  • Snowflake

  • Somerton

  • Sonoita

  • South Tucson

  • Springerville

  • Spring Valley

  • Stanfield

  • Steamboat

  • Strawberry

  • Summit

  • Sun City

  • Sun City West

  • Sun Lakes

  • Sun Valley

  • Supai

  • Superior

  • Surprise

  • Swift Trail Junction

  • Tacna

  • Tanque Verde

  • Taylor

  • Teec Nos Pos

  • Tempe

  • Thatcher

  • Three Points

  • Tolleson

  • Tombstone

  • Tonalea

  • Tonto Basin

  • Top-of-the-World

  • Tortolita

  • Tsaile

  • Tubac

  • Tuba City

  • Tucson

  • Tucson Estates

  • Tumacacori-Carmen

  • Tusayan

  • Vail

  • Valencia West

  • Wellton

  • Wenden

  • Whetstone

  • Whiteriver

  • Wickenburg

  • Wilhoit

  • Willcox

  • Williams

  • Williamson

  • Willow Valley

  • Window Rock

  • Winkelman

  • Winslow

  • Winslow West

  • Yarnell

  • Young

  • Youngtown

  • Yuma

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33-1310. General definition   Subject to additional definitions contained in subsequent articles of this chapter which apply to specific articles thereof, and unless the context otherwise requires, in this chapter:

 

1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.

 

2. "Building and housing codes" include any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises, or dwelling unit.

 

3. "Delivery of possession" means returning dwelling unit keys to the landlord and vacating the premises.

 

4. "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. "Dwelling unit" excludes real property used to accommodate a mobile home, unless the mobile home is rented or leased by the landlord.

 

5. "Good faith" means honesty in fact in the conduct or transaction concerned.

 

6. "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by section 33-1322.

 

7. "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity which is a landlord, owner, manager or constructive agent pursuant to section 33-1322.

 

8. "Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagee in possession.

 

9. "Person" means an individual or organization.

 

10. "Premises" means a dwelling unit and the structure of which it is a part and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.

 

11. "Rent" means payments to be made to the landlord in full consideration for the rented premises.

 

12. "Rental agreement" means all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

 

13. "Roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink.

 

14. "Security" means money or property given to assure payment or performance under a rental agreement. "Security" does not include a reasonable charge for redecorating or cleaning.

 

15. "Single family residence" means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single-family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment nor any other essential facility or service with any other dwelling unit  

 

16. "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

 

17. "Term of lease" means the initial term or any renewal or extension of the written rental agreement currently in effect not including any wrongful holdover period.

33-1311. Obligation of good faith Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

 

33-1312. Unconscionability

 

A. If the court, as a matter of law, finds either of the following:

 

1. A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

 

2. A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid any unconscionable result.

 

B. If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.

 

33-1313. Notice

 

A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual knowledge of it.

 

B. A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person "receives" a notice or notification when it comes to his attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first.

 

C. "Notice," knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.

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Eviction Notice Types

It’s necessary to provide the correct type of Arizona eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.

You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under AZ statutes. This will also affect how long you must give the resident as notice before they have to leave the property. 

As seen below, there are a few different options in Arizona when completing an eviction.

5-Day Notice to Quit (Non-Payment)

If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 5-Day Notice to Quit. This obliges them to pay rent or quit within 120 hours. 

If the tenant complies and pays the rent, then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.

10-Day Notice to Quit (Non-Compliance)

If a tenant fails to comply with the terms of the lease, aside from not paying rent, landlords may issue them with a 10-Day Notice to Quit. This gives them 240 hours to correct the issue or leave the property.

Assuming the tenant corrects the violation, the notice will be rendered invalid, and a new eviction warning will need to be issued if other breaches of the contract occur. 

However, unconditional 10-Day Non-Compliance notices can be issued too for more serious offenses. These don’t give the tenant any chance to correct their breach of the lease. Furthermore, a 5-Day Notice can be issued in the event of a breach of the lease that creates a hazard to health and safety.

10-Day Notice to Quit (Week-to-Week)

10 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 10 days or face a legal challenge. 

30-Day Notice to Quit (Month-to-Month)

30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge. 

 

Arizona Eviction Laws

You can only evict someone in Arizona if they’ve committed a legally valid breach of the lease under AZ statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court. 

To evict someone in Arizona, this means conforming with the following legal requirements:

  • Nonpayment of rent: 5 days’ notice 

  • Lease violations: 10 days’ notice

  • Termination of a lease (Week-to-Week): 10 days’ notice 

  • Termination of a lease (Month-to-Month): 30 days’ notice

  • Breach of lease creating a hazard to health and safety: 5 days’ notice

The notice must also be served to the tenant in compliance with the property laws in Arizona. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending. 

 

Arizona Eviction Process

There are a number of crucial steps to follow when evicting a tenant in Arizona. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property. 

To successfully evict your tenant in Arizona with an eviction notice, you’ll need to do the following: 

  1. Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.

  2. The landlord may file for an eviction with their local court, if the tenant refuses to leave on their own.

  3. Both the landlord and tenant can argue their case in the court, once the hearing date arrives.

  4. The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Restitution.

  5. When the Writ of Restitution has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate.

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33-1314. Terms and conditions of rental agreement

 

A. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

 

B. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

 

C. Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day.

 

D. Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month.

 

E. If a municipality that levies a transaction privilege tax on residential rent changes the percentage of that tax, the landlord on thirty days' written notice to the tenant may adjust the amount of rent due to equal the difference caused by the new percentage amount of the tax. The adjustment to rent shall not occur before the date upon which the new tax is effective. In order for a landlord to adjust rent pursuant to this subsection, the landlord's right to adjust rent pursuant to this subsection shall be disclosed in the rental agreement.

 

F. Notwithstanding section 14-3911, the landlord may request and the tenant may provide and routinely update the name and contact information of a person who is authorized by the tenant to enter the tenant's dwelling unit to retrieve and store the tenant's property if the tenant dies. If the landlord is unable to contact the authorized person at the address and telephone number provided to the landlord by the tenant or the authorized person fails to respond to the landlord's request within ten days of initial written contact, the landlord may dispose of the property as prescribed in section 33-1370. Before removing any of the tenant's personal property, the authorized person shall present to the landlord a valid government issued identification that confirms the identity of the authorized person. The authorized person shall have twenty days from the date of initial written contact by the landlord or the last date for which rent is paid, whichever is longer, to remove items from the rental property and return keys to the landlord during regular business hours. If the landlord allows an authorized person to enter the property to remove the tenant's personal possessions as prescribed by this subsection, the landlord has no further liability to the tenant, the tenant's estate or the tenant's heirs for lost, damaged or stolen items. If the tenant's personal property is not entirely removed from the rental unit by an authorized person, the landlord may dispose of the property as prescribed in section 33-1370. This subsection shall only apply if the periodic rent is unpaid and outstanding for at least five days.

 

33-1314.01. Utility charges; submetering; ratio utility billing; allocation; water system exemption

 

A. A landlord may charge separately for gas, water, wastewater, solid waste removal or electricity by installing a submetering system or by allocating the charges separately through a ratio utility billing system.

 

B. If a landlord charges separately for a utility pursuant to subsection A, the landlord may recover the charges imposed on the landlord by the utility provider plus an administrative fee for the landlord for actual administrative costs only. The landlord shall not impose any additional charges. The rental agreement shall contain a disclosure that lists the utility services that are charged separately and shall specify the amount of any administrative fee that is associated with submetering or the use of a ratio utility billing system.

 

C. If provided in the rental agreement, the landlord may impose a submetering system or ratio utility billing system during the term of a rental agreement if the landlord provides notice as prescribed by subsection G.

 

D. If a landlord is not in compliance with subsection B, the tenant shall first object in writing to the landlord regarding the utility billing. If the dispute is not resolved, the tenant may file a civil complaint in justice court to enforce this section.

 

E. If a landlord uses an allocation or submetering system, the bill format for each billing period shall:

 

1. Separately state the cost of the charges for the period together with the opening and the closing meter readings and the dates of the meter readings.

 

2. Show the amount of any administrative fee charged.

 

F. If a landlord does not use a submetering system and allocates charges separately for gas, water, wastewater, solid waste removal or electricity, the landlord may allocate the costs to each tenant by using one or more of the following ratio utility billing system methods:

 

1. Per tenant.

 

2. Proportionately by livable square footage.

 

3. Per type of unit.

 

4. Per number of water fixtures.

 

5. For water and wastewater, by use of an individually submetered hot water usage measure for the tenant's dwelling unit.

 

6. Any other method that fairly allocates the charges and that is described in the tenant's rental agreement.

 

G. If a landlord uses a ratio utility billing system method pursuant to subsection F, the rental agreement shall contain a specific description of the ratio utility billing method used to allocate utility costs. For any existing tenancies, the landlord shall provide at least ninety days' notice to the tenant before the landlord begins using a submetering system or allocating costs through a ratio utility billing system.

 

H. For purposes of regulating apartment communities as public or consecutive water systems, the department of environmental quality shall not adopt rules pursuant to title 49, chapter 2, article 9 that are more stringent than those authorized by federal law. Without other evidence of activities that are subject to regulation under title 49, chapter 2, article 9, the department of environmental quality shall not use an apartment community's use of a submetering system or a ratio utility billing system as the sole basis for regulating an apartment community as a public or consecutive water system. 

 

33-1315. Prohibited provisions in rental agreements

 

A. A rental agreement shall not provide that the tenant does any of the following:

 

1. Agrees to waive or to forego rights or remedies under this chapter.

 

2. Agrees to pay the landlord's attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party in the event of court action and except that a prevailing party in a contested forcible detainer action is eligible to be awarded attorney fees pursuant to section 12-341.01 regardless of whether the rental agreement provides for such an award indemnify the landlord for that liability or the costs connected therewith.

 

4. Agrees to waive or limit the tenant's right to summon or any other person's right to summon a peace officer or other emergency assistance in response to an emergency.

 

5. Agrees to payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.

 

B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover actual damages sustained by the tenant and not more than two months' periodic rent.

 

C. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1368.

 

33-1316. Separation of rents and obligations to maintain property forbidden A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with section 33-1324, subsection

 

A. 33-1317. Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; applicability A. A person who knowingly refuses to rent to any other person a place to be used for a dwelling for the reason that the other person has a child or children, or who advertises in connection with the rental a restriction against children, either by the display of a sign, placard or written or printed notice, or by publication thereof in a newspaper of general circulation, is guilty of a petty offense.

 

B. No person shall rent or lease his property to another in violation of a valid restrictive covenant against the sale of such property to persons who have a child or children living with them.

 

C. No person shall rent or lease his property to persons who have a child or children living with them when his property meets the definition of housing for older persons in section 41-1491.04.

 

D. A person who knowingly rents or leases his property in violation of the provisions of subsection B or C of this section is guilty of a petty offense.

 

E. A person whose rights under this section have been violated may bring a civil action against a person who violates this section for all of the following:

 

1. Injunctive or declaratory relief to correct the violation.

 

2. Actual damages sustained by the tenant or prospective tenant.

 

3. A civil penalty of three times the monthly rent of the housing accommodation involved in the violation if the violation is determined to be intentional.

 

4. Court costs and reasonable attorney fees.

 

F. Nothing in this section shall prohibit a person from refusing to rent a dwelling by reason of reasonable occupancy standards established by the owner or the owner's agent which apply to persons of all ages, and which have been adopted and published before the event in issue. An occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state and all political subdivisions of this state.

 

G. Subsection B of this section applies only to dwellings occupied or intended to be occupied by no more than four families living independently of each other and in which the owner maintains and occupies one of the living quarters as the owner's residence

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Common Rule of Law in Real Estate

In real estate law, real property (also known as realty, real estate, or immovable property) refers to property that is intrinsically linked to land. It also includes buildings, machines, and equipment attached to the land. In the United States, each State (with the notable exception of Louisiana) regulates and legally protects real estate primarily through common law and real estate law.

The common law and real estate law regulate the liability of an owner in regard to the safety of a third person party on their property. Within the common law, there are three different types of third parties that can be found on land. The liabilities associated for a landowner vary greatly depending on the status of the third person party. Contact real estate lawyers for legal advice and assistance.

 

Trespasser

 

A trespasser is defined in common law as a third person party that enters a property without the knowledge or invitation of a landowner for personal purposes. Landowners typically have no duty to warn adult trespassers of dangers on a property or to make their property safe for adult trespassers. Although the duty is lighter than for a licensee or an invitee, a landowner is responsible to ensure the safety of the property if the owner believes trespassers could be on the property, especially in the case of children.

In the case of child trespassers, the owner is held to a higher standard in protecting the child from harm by ensuring the safety the property. Properties that might boast features that would attract child trespassers, such as ponds or pools, are often required to ensure the safety of their property to a higher degree.

Licensee

A licensee is defined in common law as a third person party that is invited on to and remains on a property for any reason other than a commercial or business reason. Thus, a guest would be a licensee, and not an invitee. Licensees are protected more than trespassers, and the landowner owes a higher degree of duty in maintaining the safety of a property and warning licensees of the dangers on a property.

Property owners are often found liable under real estate law and common law for damage or harm to a licensee or a licensee's property if the owner neglected to ensure the safety of a known danger on the property, failed to inform the licensee of the dangers on a property, or if a licensee did not have a reasonable understanding or notice of the dangers on a property.

Invitee

An invitee is defined in common law as a third person party that is invited on to and remains on a property for business or commercial purposes that will benefit the owner of the property. These invitations could be either implicit or explicit. For example, "open" signs and open doors are both considered invitations for these purposes.

Invitees are protected with the highest regard and owners have the highest liability to this class of third person parties. If the risk of harm or damage for an invitee or an invitee's property is considered unreasonable and the unsafe conditions of the property are explicitly known and understood by the owner, the owner must protect the invitee from any harm or damage. Invitees can also be classified as public invitees in real estate law, where their presence is legitimized by the use of a land for a public purpose.

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33-1318. Early termination by tenant; domestic violence; sexual assault; requirements; lock replacement; access refusal; treble damages; immunity

 

A. A tenant may terminate a rental agreement pursuant to this section if the tenant provides to the landlord written notice pursuant to this section that the tenant is the victim of domestic violence as defined in section 13-3601 OR WAS THE VICTIM, IN THE TENANT'S DWELLING, OF SEXUAL ASSAULT PURSUANT TO SECTION 13-1406. The tenant's rights and obligations under the rental agreement are terminated and the tenant shall vacate the dwelling and avoid liability for future rent and shall not incur early termination penalties or fees if the tenant provides to the landlord a written notice requesting release from the rental agreement with a mutually agreed on release date within the next thirty days, accompanied by any one of the following: 1. A copy of any protective order issued pursuant to section 13-3602 to a tenant who is a victim of domestic violence OR SEXUAL ASSAULT. A landlord may also request a receipt or signed statement that the order of protection has been submitted to an authorized officer of a court for service. 2. A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence OR SEXUAL ASSAULT.

 

B. A landlord may request from the victim the name and address of the person named in an order of protection or a departmental report pursuant to subsection A of this section, in writing, if known by the victim.

 

C. The tenant may terminate the rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant being a victim of domestic violence as defined in section 13-3601 OR SEXUAL ASSAULT PURSUANT TO SECTION 13-1406 occurred within the THIRTY-DAY period immediately preceding the written notice of termination to the landlord, unless waived by the landlord.

 

D. If the tenant terminates the rental agreement as prescribed by this section and if the tenant is solely or jointly liable on the rental agreement, the tenant is liable only for rent owed or paid through the date of the lease termination plus any previous obligations outstanding on that date. The amount due from the tenant shall be paid to the landlord on or before the date the tenant vacates the dwelling. If the tenant has prepaid rent that would apply for the month in which the lease is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant. If the tenant has paid a security deposit pursuant to section

 

33-1321, the LANDLORD SHALL NOT WITHHOLD THE security deposit for the early termination of the lease if the tenant meets the requirements prescribed by subsection A of this section, but may WITHHOLD THE SECURITY DEPOSIT for payment of damages THAT the landlord suffered by reason of the tenant's noncompliance with section 33-1341.

 

E. A tenant who is a victim of domestic violence OR SEXUAL ASSAULT may require the landlord to install a new lock to the tenant's dwelling if the tenant pays for the cost of installing the new lock. A landlord may comply with this requirement by doing either of the following:

 

1. Rekeying the lock if the lock is in good working condition.

 

2. Replacing the entire locking mechanism with a locking mechanism of equal or better quality than the lock being replaced.

 

F. A landlord who installs a new lock at the tenant's request may retain a copy of the key that opens the new lock. Notwithstanding any provision in the rental agreement, the landlord may refuse to provide a key that opens the new lock to the person named in an order of protection or a departmental report pursuant to subsection A of this section.

 

G. A landlord shall refuse to provide access to the dwelling to reclaim property to any tenant if the tenant is the person named in an order of protection or a departmental report pursuant to subsection A of this section who has been served with an order of protection naming that tenant as the defendant and the landlord has received a copy of the order of protection, unless a law enforcement officer escorts the tenant into and out of the dwelling.

 

H. A tenant who terminates a lease pursuant to this section and who is convicted of falsely filing a departmental report or order OF protection for domestic violence OR SEXUAL ASSAULT is liable to the landlord for treble damages for premature termination of the lease.

 

I. A person named in an order of protection or a departmental report pursuant to subsection A of this section who provokes an early lease termination under this section is deemed to have interfered with the residential rental agreement between the landlord and tenant regardless of whether the person named in an order of protection or a departmental report pursuant to subsection A of this section is a party to the rental agreement, and the person named in an order of protection or a departmental report pursuant to subsection A of this section may be civilly liable for all economic losses incurred by a landlord for the domestic violence OR SEXUAL ASSAULT early lease termination. This civil liability includes unpaid rent, early lease termination fees, costs to repair damage to the premises and any reductions or waivers of rent previously granted to the tenant who was the victim of domestic violence OR SEXUAL ASSAULT.

 

J. If there are multiple tenants who are parties to a rental agreement that has been terminated under this section, the tenancy for those tenants also terminates. The tenants who are not the victims of domestic violence OR SEXUAL ASSAULT, excluding the person named in an order of protection or a departmental report pursuant to subsection A of this section that caused the termination of the lease pursuant to this section, may be released from any financial obligations due under the previously existing rental agreement and the remaining tenants may be ALLOWED to enter into a new lease with the landlord if the tenants meet all current application requirements.

 

K. An emergency order of protection or a protective order that is issued to a resident of a rental property automatically applies to the entire residential rental property in which the tenant has a rental agreement.

 

L. This section DOES NOT limit a landlord's right to terminate a lease pursuant to section 33-1368 against the victim for actions unrelated to the act of domestic violence OR SEXUAL ASSAULT.

 

M. A landlord is not liable for any actions taken in good faith pursuant to this section.

 

33-1318.01. Early release termination for law enforcement officers; definition

 

A. A law enforcement officer may terminate a rental agreement in the same manner established in section 33-1318 if the law enforcement officer provides to the landlord a written notice that the law enforcement officer is protected under an injunction against harassment issued pursuant to section 12-1809 and the injunction against harassment was issued within the thirty-day period immediately preceding lawful notice to the landlord, unless waived by the landlord.

 

B. If the law enforcement officer received any lease concession or benefit, the concession or benefit actually received or used shall be repaid to the landlord before vacating the dwelling.

 

C. All other rights, remedies and obligations provided in section 33-1318 apply to the landlord and the law enforcement officer.

 

D. For the purposes of this section, "law enforcement officer" has the same meaning prescribed in section 38-1101.

 

33-1319. Bedbug control; landlord and tenant obligations; definitions

 

A. A landlord has the following obligations with respect to a bedbug infestation:

 

1. The landlord shall provide bedbug educational materials to existing and new tenants. Educational materials may include:

 

(a) A description of measures that may be taken to prevent and control bedbugs.

 

(b) Information about bedbugs, including a description of their appearance.

 

(c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing and traveling without proper precautions.

 

(d) Information provided by the United States centers for disease control and prevention and other federal, state or local health agencies.

 

(e) Information provided by federal, state or local housing agencies.

 

(f) Information provided by nonprofit housing organizations.

 

(g) Information developed by the landlord.

 

2. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation.

 

B. A tenant has the following obligations with respect to a bedbug infestation:

 

1. The tenant shall not knowingly move materials into a dwelling unit that are infested with bedbugs.

 

2. A tenant who knows of the presence of bedbugs shall provide the landlord written or electronic notification of the presence of bedbugs.

 

C. This section does not limit any other rights, remedies and obligations under this chapter.

 

D. The landlord and tenant of a single family residence are excluded from the provisions of this section.

 

E. Except as specifically provided in this section, this section does not create a cause of action against:

 

1. A landlord or a landlord's employees, officers, agents and directors by a tenant or a tenant's guests for any damages caused by bedbugs.

 

2. A tenant by a landlord for any damages caused by bedbugs.

 

F. For the purposes of this section:

 

1. "Bedbugs" means any insect in the genus cimex and its eggs.

 

2. "Infestation" or "infested" means that the presence of bedbugs is sufficient to materially affect the health and safety of tenants and their guests

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Grounds for an Eviction in Arizona

In Arizona, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms, material health or safety violations, or not upholding responsibilities under Arizona law. Even so, proper notice must first be given before ending the tenancy.

Eviction for Nonpayment of Rent

In Arizona, a landlord can evict a tenant for not paying rent on time. To do so, they must first provide a  5-Day Notice to Pay or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.

Rent is due on the date set forth in the lease and is considered late the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e. five days) or exceptions for weekends or court-observed holidays.

Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.

Eviction for No Lease or End of Lease

In Arizona, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Eviction for Violation of Lease or Responsibilities

In Arizona, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Arizona landlord tenant law. Some (but not all) violations allow the tenant to fix (“cure”) the issue to avoid removal. Regardless of the issue, the landlord must give 10 days notice before proceeding.

Curable Violations

For more minor offenses, the tenant can remain at the property if they fix the issue within the 10 day notice period. Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Incurable Violations

For more serious (or repeated) offenses, the tenant isn’t given the opportunity to fix the issue and remain at the property. For incurable violations, a tenant must vacate the premises within the 7 day period or the landlord can move forward and file an eviction lawsuit. Examples of incurable violations include:

  • Excessive damage, destruction, or misuse of the property.

  • False or misleading information on the rental application.

In Arizona putting false or misleading information on the rental application about is also an incurable violation.  Some examples of false or misleading information is misrepresenting:

  • Tenant’s income;

  • The number people living in the rental unit;

  • Tenant’s social security number;

  • Tenant’s current employer/employment status;

  • Tenant’s criminal history/current criminal activity; or

  • Tenant’s prior eviction history.

False or misleading information related to eviction history, criminal history and current criminal activity cannot be corrected by the tenant in order to avoid eviction.

Illegal Activity

If a tenant has engages in illegal behavior within the property, the landlord must issue an official written Notice to Vacate. However, the number of days a landlord gives a tenant to vacate is up to them.

In Arizona, illegal activity includes:

  • Illegal discharge of a weapon

  • Homicide

  • Prostitution

  • Assault

  • Criminal street gang activity

  • Threats/intimidation

  • Creating/causing a nuisance

  • Manufacturing, selling, transferring, possessing, using or storing a controlled substance

  • Endangering the health/welfare/safety of the landlord/landlord’s agent/another tenant

  • Causing seriousproperty damage

5-Day Notice to Pay Rent or Quit

If a tenant is late on paying rent (full or partial) in Arizona, the landlord can serve them a 5-Day Notice to Pay Rent or Quit. This notice gives the tenant 5 days (not counting weekends or holidays) to pay the entire remaining balance or vacate the premises.

5-Day Notice to Comply

The landlord must issue a 5-Day Notice to Comply if a tenant violates health, building, safety, and housing codes. This notice allows a tenant 5 days to fix the problem.

Violations under this could include:

  • Not throwing out the trash for long periods of time;

  • Damaging the electrical wiring of a unit; or

  • Ruining the plumbing fixtures of a unit. 

The tenant has not fixed the problem by the end of the 5 days the landlord may continue with the eviction process.

30-Day Notice to Quit

For a tenant with no lease or a month-to-month lease in Arizona, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out (or the next business day if the final day lands on a weekend or legal holiday).

However, for tenants that don’t pay monthly, the amount of notice differs:

Step 2: Landlord Files Lawsuit with Court

If the notice period ends and the tenant remains on the property, the Landlord must next file a complaint in the court of the proper county. The most convenient way to file a case is by using the Arizona Courts’ e-Filing Portal.

The complaint should include the following information:

  • The landlord and tenant names;

  • The rental property address, including the county;

  • The grounds for eviction (i.e., nonpayment of rent, lease violation, etc.); and

  • When notice was served.

After being notarized by the county clerk, the summons and complaint are forwarded to a process server or county sheriff to serve each named tenant. Certain fees may apply for the service of the summons and complaint.

The number of copies and which documents you need to provide varies based on the claims and number of tenants in your suit. To be certain always call the local Clerk’s Office.  Arizona Courts provide instructions on what to file and how many copies of each document to bring when filing.

In most counties, filing fees cost around $73. Information regarding filing fees can be found on the Arizona Court’s website. 

Article 2 – Landlord Obligations

 

33-1321. Security deposits

 

A. A landlord shall not demand or receive security, however denominated, including prepaid rent in an amount or value of MORE THAN one and one-half month's rent. This subsection does not prohibit a tenant from voluntarily paying more than one and one-half month's rent in advance.

 

B. The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable IS refundable.

 

C. ON move in, a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. ON request by the tenant, the landlord shall notify the tenant when the landlord's move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant.

 

D. ON termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence

 

.IF THE TENANT DOES NOT DISPUTE THE DEDUCTIONS OR THE AMOUNT DUE AND PAYABLE TO THE TENANT WITHIN SIXTY DAYS AFTER THE ITEMIZED LIST AND AMOUNT DUE ARE MAILED AS PRESCRIBED BY THIS SUBSECTION, THE AMOUNT DUE TO THE TENANT AS SET FORTH IN THE ITEMIZED LIST WITH ANY AMOUNT DUE IS DEEMED VALID AND FINAL AND ANY FURTHER CLAIMS OF THE TENANT ARE WAIVED. E.

 

If the landlord fails to comply with subsection D of this section, the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

 

F. This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled under this chapter.

 

G. During the term of tenancy the landlord may use refundable security deposits or other refundable deposits in accordance with any applicable provisions of the property management agreement. At the end of tenancy, all refundable deposits shall be refunded to the tenant pursuant to this section.

 

H. The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.

 

33-1322. Disclosure and tender of written rental agreement

 

A. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following: 1. The person authorized to manage the premises. 2. An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands

 

B. At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona residential landlord and tenant act is available on the Arizona department of housing's website.

 

C. The information required to be furnished by this section shall be kept current and refurnished to a tenant upon the tenant's request. This section extends to and is enforceable against any successor landlord, owner or manager.

 

D. A person who fails to comply with subsections A, B and C becomes an agent of each person who is a landlord for the following purposes:

 

1. Service of process and receiving and receipting for notices and demands.

 

2. Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.

 

E. If there is a written rental agreement, the landlord must tender and deliver a signed copy of the rental agreement to the tenant and the tenant must sign and deliver to the landlord one fully executed copy of such rental agreement within a reasonable time after the agreement is executed. A written rental agreement shall have all blank spaces completed. Noncompliance with this subsection shall be deemed a material noncompliance by the landlord or the tenant, as the case may be, of the rental agreement.

 

33-1323. Landlord to supply possession of dwelling unit At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 33-1324. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in section

 

33-1375, subsection C. 33-1324. Landlord to maintain fit premises

 

A. The landlord shall:

 

1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.

 

2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

 

3. Keep all common areas of the premises in a clean and safe condition.

 

4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.

 

5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.

 

6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

 

B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph

 

C. The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord's duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.

 

D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:

 

1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration.

 

2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.

 

3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

 

33-1325. Limitation of liability

 

A. Unless otherwise agreed, a landlord, who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, is relieved of liability under the rental agreement and this chapter as to events occurring subsequent to written notice to the tenant of the conveyance. He remains liable to the tenant for any property and money to which the tenant is entitled under section 33-1321.

 

B. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of his

 

33-1329. Regulation of rents; authority

 

A. Notwithstanding any other provisions of law to the contrary the state legislature determines that the imposition of rent control on private residential housing units by cities, including charter cities, and towns is of statewide concern. Therefore, the power to control rents on private residential property is preempted by the state. Cities, including charter cities, or towns shall not have the power to control rents.

 

B. The provisions of subsection A shall not apply to residential property which is owned, financed, insured or subsidized by any state agency, or by any city, including charter city, or town.

 

33-1330. Transfer of records on sale On the sale or other transfer of an apartment community as defined in section 40-360.21, the landlord shall deliver to the buyer or other transferee all available plans, drawings and records pertaining to the location of all underground facilities in the property, all plans, drawings, surveys and plats of the property, all records pertaining to tenant security deposits and complete files for each tenant of the property at closing containing rental agreements and all other documents and disclosures required by this chapter that are in the possession of the landlord. A landlord who fails to deliver reasonably accurate and maintained installation records of active, inactive and abandoned underground facilities installed after December 31, 2006 is liable for all management damages proximately caused by the failure, including all expenses incurred by successor landlords to create such installation records.  

33-1331. Notice of foreclosure; effect on lease; damages

 

A. If a rental agreement is entered into after the foreclosure action was initiated, the owner shall include written notice of possible foreclosure with the rental agreement with the tenant. The notice shall include a statement that is substantially in the following form: This property is undergoing foreclosure. For more information on this action, you should contact ________________ (name, address and phone number of the court where the action is filed or trustee, attorney or other responsible party). A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this property has been set for _________ (time, date and place) or no date for sale of this property has been established.

 

B. If the owner receives a notice of trustee's sale or other notice of foreclosure on the property after a tenant has entered into a rental agreement on the property, the owner shall provide the tenant with written notice as prescribed in subsection A of this section within five business days after receipt of the notice of trustee's sale. This subsection applies only to the first notice of trustee's sale or the first notice of foreclosure received by the owner after the tenant has entered into the rental agreement.

 

C. If the owner fails to provide notice as prescribed in this section the tenant may deliver a written notice pursuant to section 33-1361 and recover damages and obtain injunctive relief. The security deposit shall be returned to the tenant as prescribed in section 33-1321.

 

D. This section shall not apply to multifamily residential rental units consisting of four or more connected units

Step 3: Court Serves Tenant with Summons & Complaint

Once the process server or sheriff has served the tenant, the tenant may choose to answer or contest the complaint, but the tenant is not required to file an answer.

The landlord must serve the tenant at least 2 days before the eviction hearing.  If this is not enough time for the tenant to prepare, either the landlord or the tenant can request a  3 or 5 day continuance. 

If the tenant contests the eviction, the process may take longer or include additional steps. To contest the eviction the tenant must have a legal defense, or a valid reason why the landlord should not evict them.  The tenant must also serve the landlord with the response containing the defenses.

A valid legal defense may include the following situations:

  •  The landlord executed a “self help” eviction prior to finalizing the proper legal proceedings;

  • The tenant resolved a curable violation;

  • The landlord discriminated against the tenant;

  • The landlord evicted the tenant in a retaliatory manner;

  • The tenant did not violate the terms of the lease;

  • The landlord failed to properly maintain the rental unit as required by state and federal law; or

  • The notice or complaint contained substantial errors, such as omitting the effective date of eviction.

A court may dismiss the eviction lawsuit if it finds any of the above defenses to be true, aside from errors in the legal documents.  If the notice or complaint contained substantial errors, the landlord must fix the errors and restart the eviction process.

If the tenant does not choose to contest the eviction, the process will proceed via the steps below.

Step 4: Court Holds Hearing & Issues Judgment

To prepare for the hearing the landlord and tenant should bring the following:

  • A copy of the lease agreement;

  • The notice to quit or to pay;

  • The complaint; and

  • Any evidence (i.e., photos of damage, billing statements, etc.) or witnesses to help prove the case in court.

Regardless if the eviction was contested or not, if the judge rules in favor of the landlord, a Writ of Restituion will be subsequently issued and the process will proceed.

If the judge rules in favor of the landlord, the tenant has 5 days to appeal the ruling. But if the eviction is for illegal activity, then the tenant only has 24 hours to appeal the ruling.

Step 5: Sheriff Posts Writ of Restitution

In Arizona, a Writ of Restitution is a court order served to a tenant by a sheriff that gives the tenant a final 12 hours to 5 days to move out before being forcibly removed/ The order is issued in response to a ruling made in favor of a landlord in an eviction case.

Given that the tenant does not appeal, a Writ of Restitutionis issued no less than 12 to 24 hours after the landlord wins the case if the eviction was about illegal activity.  For any other reasons for eviction the Writ of Restitution is issued no earlier than 5 days after judgment was issued

 

Article 3 – Tenant Obligations

 

33-1341. Tenant to maintain dwelling unit The tenant shall:

 

1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.

 

2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.

 

3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.

 

4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

 

5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, airconditioning and other facilities and appliances including elevators in the premises.

 

6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

 

7. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.

 

8. Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324

33-1342. Rules and regulations

 

A. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against the tenant only if:

 

1. Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for the tenants generally.

 

2. They are reasonably related to the purpose for which adopted.

 

3. They apply to all tenants in the premises in a fair manner.

 

4. They are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply.

 

5. They are not for the purpose of evading the obligations of the landlord.

 

6. The tenant has notice of them at the time the tenant enters into the rental agreement.

 

B. A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if a thirty day notice of its adoption is given to the tenant and it does not constitute a substantial modification of the tenant's rental agreement.

 

C. If state, county, municipal or other governmental bodies adopt new ordinances, rules or other legal provisions affecting existing rental agreements, the landlord may make immediate amendments to lease agreements to bring them into compliance with the law. The landlord shall give a tenant written notice that the tenant's lease agreement has been amended, and the notice shall provide a brief description of the amendment and the effective date.

 

33-1343. Access

 

A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

 

B. If the tenant notifies the landlord of a service request or a request for maintenance as prescribed in section 33-1341, paragraph 8, the notice from the tenant constitutes permission from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section for the sole purpose of acting on the service or maintenance request and the tenant waives receipt of any separate or additional access notice that may be required pursuant to subsection D of this section.

 

C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

 

D. The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of the landlord’s intent to enter and enter only at reasonable times.

 

E. The landlord has no other right of access except by court order and as permitted by sections 33-1369 and 33-1370, or if the tenant has abandoned or surrendered the premises.

 

33-1344. Tenant to use and occupy as a dwelling unit Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit

Step 6: Sheriff Returns Property to Landlord

The writ of restitution must be executed promptly once it is received by the constable or sheriff, unless the court finds there is good reason to delay the eviction. (It is very rare that the court would delay the eviction.)

This means that as soon as the tenant receives the writ of restitution, or the writ is posted on the rental unit, they will be required to move out and will not be given any additional time.

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  • Abandonment 

    A landlord may consider rental property as abandoned by the tenant once rent has not been paid for a set time along with visual evidence of the tenant’s disappearance such as the accumulation of unopened mail, unkempt premises, or statements from neighbors. Usually, the landlord must make a good faith effort to locate the tenant for a reasonable time, usually 30 days, before reclaiming the property and disposing of or selling any of the tenant’s unclaimed possessions. 

  • Assignment of Rent 

    A clause found in trust deeds whereby rent is included as addtional security to the real property described in a trust deed. The clause transfers to the lender the right to collect rental income from the income-producing property if there is a default on the note or other secured obligation that is held by the beneficiary or lender. 

  • Complaint in Unlawful Detainer 

    A formal lawsuit used by a landlord after having given appropriate written notice to a tenant to vacate leased property within a set time based on the tenant’s breach of a material provision of the lease or by nonpayment of rent. It is typically a summary proceeding where the tenant has a shortened period to file a written answer or response to the lawsuit and to appear in court for an eviction hearing within a short period after service of the action or the filing of a response by the tenant. 

  • Contract for Deed 

    Also referred to as a land contract or installment land contract, it is a contract for the sale of real property whereby the seller finances the transaction instead of a third party lender. The seller retains legal title to the property until the contract is satisfied and can more easily cancel the contract and repossess the property should the buyer fail to make the required payments or not fulfill other obligations without the need for foreclosure action or judicial action. 

  • Covenant of Quiet Enjoyment 

    An implied covenant in every residential lease agreement that a tenant has the right to undisturbed use of the rental property including excluding others from the premises, to peace and quiet, and to a safe and clean unit along with essential services such as hot water, heat, plumbing and electricity. A breach of this convenant by a landlord may entitle the tenant to withhold rent until the conditon is remedied or to vacate the property and terminate the lease. 

  • Default Judgment 

    A court issued judgment in favor of the landlord in cases where a tenant fails to respond to a summons and complaint for unlawful detainer or other eviction action, or where the tenant fails to appear at an eviction hearing, and which allows the landlord to request an order that the tenant vacate the premises. A tenant also may receive a default judgment if the landlord fails to appear at the hearing. 

  • Demurrer 

    A legal pleading used by tenants in some eviction cases wherein a party may agree with the underlying facts of a lawsuit but objects to certain allegations or counts in a complaint by arguing that it lacks legal sufficiency, validity or does not contain enough facts to support the opposing party’s cause of action. If sustained by the court, most courts will allow the opposing party to attempt to amend its complaint to cure the deficiency. 

  • Discriminatory Eviction 

    An unlawful eviction based upon a person’s protected status, which includes race, color, creed, religion, national origin, sex, sexual preference, pregnancy, marital status, children or disability. 

  • Eviction 

    A legal or judicial process by which a landlord or landowner forces a tenant to vacate the leased property and terminate the rental agreement for failure to pay rent, to follow certain terms of the lease or who has stayed beyond the expiration of the lease term. 

  • Eviction Notice 

    A written statement that must be properly served or delivered to a tenant that contains certain language required by that jurisdiction, typically including the landlord’s declaration that the tenant has breached a specific material provision of the lease, has failed to pay a specified amount of rent on time, or committed some other substantial breach of the landlord/tenant relationship, and that the tenant must either vacate by a certain date or remedy the breach before a set date or the lease agreement will terminate. It must also state that legal proceedings will commence to expel the tenant from the leased property. 

  • Fair Housing Act 

    The Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 and was designed to eliminate bias and discrimination in renting and in home sales on the basis of a person’s personal characteristics including race, religion, creed, national origin, gender, family status or disability. Suspected violations are reported to fair housing councils in a local area, a state’s department of fair employment and housing or to a private attorney for civil remedies. 

  • Forcible Entry 

    Entry by a landlord upon leased property without the consent of the occupier or tenant. It also refers to a tenant who remains on the property after termination of the lease or after receiving written demand of possession by the landlord. 

  • Forfeiture 

    A concept whereby a landlord may claim that a tenant has forfeited his or her rights under a rental agreement because of nonpayment of rent, violation of a material provison in the lease, or by committing criminal acts on the premises. It is also a concept in land contract cases where the seller declares the buyer to have forfeited the contract if the obligations of the contract are not fulfilled or has engaged in conduct that violates the contract. 

  • Holdover 

    A holdover is a tenant who has remained on leased property after expiration of the rental term, who has used the premises for illegal activity or who has violated a provision of the lease other than nonpayment of rent. Some states use holdover petitions to evict a tenant. 

  • Landlord 

    A person or entity that leases or rents property to another person or organization and is referred to as a lessor. A landlord has certain obligations to the tenant either through a written rental agreement or which are implied or specified by state law. 

  • Lease 

    A written or implied contract with a certain duration that allows a lessee to use or occupy property subject to its terms. 

  • Lease Option 

    A contract wherein the buyer pays the seller of real property money to secure an option to purchase the property at a later time, usually at an agreed future price, and to lease the property for a set rental amount over a predetermined time. The buyer is not obligated to buy the property during the option period and no other person may buy it until the option expires. 

  • Leasehold 

    A form of temporary right to property acquired under a lease or rental agreement for a set time at a certain price or rent. A leasehold is considered personal property. 

  • Low Income Tax Credit Properties 

    An affordable housing program also known as LIHTC for low income renters that permits investors to take a dollar-for-dollar tax reduction or credits pursuant Section 42 of the tax code and which currently accounts for the majority of affordable rental housing in the US. Most tax credit projects are able to qualify for government subsidies at below market interest rates. 

  • Nuisance 

    Any conduct or activity by a tenant that usually must be egregious in nature that materially affects the health or safety of other tenants or other people in the community. This could include unhealthy habits leading to infestations of vermin or insects, foul odors, chronic excessive noise or other conduct that interferes with another person’s right to quiet enjoyment of their property. 

  • Retaliatory Eviction 

    An unlawful eviction based on a tenant’s complaining to the landlord or to a governmental agency, or for participating in or joining a tenant’s union. 

  • Section 8 Housing 

    A federal housing program that provides rental subsidies to qualified, low-income renters and homeowners who must demonstrate that their income is below 50 percent of the applicant’s area median income. A Section 8 housing voucher may be used in any housing authority in the US, regardless of where the recipient received it. 

  • Self-Eviction 

    Unlawful activities or conduct by a landlord or the landlord’s representatives that are designed to forcibly evict or cause a tenant to vacate the leased property without using the judicial process. This includes shutting off the utilities, denying the tenant access to the property, threatening the tenant or creating conditons that make the property unfit to live in. 

  • Sublease 

    A rental agreement between the tenant or lessee and a third party that allows that party, called the sublessee, to use the lessee’s rental unit or property for a set time and who is obligated to the lessee. A lessee is still responsible for paying rent to the lessor or landlord for the duration of the underlying lease term. 

  • Tenancy 

    The period of a tenant’s right to possess and use the property of another under a lease and usually upon payment of rent or the performance of services. 

  • Tenant 

    A person or entity that leases property from another and who is referred to as a lessee, who by paying rent has rights of possession and limited use of the property for a set time, usually pursuant to a written lease or oral agreement. A tenant has certain obligations to the landlord to abide by the terms of the lease. 

  • Trade Fixtures 

    An item or piece of equipment used by a tenant in his or her trade or business that may be removed from the leased business property at the expiration of the lease term. Such fixtures may ordinarily be considered part of the real property and not removeable if not for their business or trade status. 

  • Uniform Residential Landlord and Tenant Act 

    A model code or legislative act that addresses residential landlord and tenant interactions and which has been adopted with many variations by most states. The act was designed to introduce more fairness and uniformity in landlord/tenant laws and to specify the statutory obligations of tenants and landlords.

 

  • Warranty of Habitability 

    An implied obligation by the landlord in every rental agreement to provide and maintain an apartment or unit in a safe and habitable condition. This includes providing running water, electricity, heat and a structurally sound premises. The landlord’s failure to provide these services or essentials may permit a tenant to unilaterally terminate a lease, pay reduced rent, make self-repairs and deduct the costs from the rent or withhold the entire rent until the conditions are remedied. 

  • Writ of Possession 

    A court order granted after an eviction hearing or default whereby the landlord is granted possession of rental property and which advises the tenant to vacate the leased property by a certain date or be subject to forcible removal by the sheriff. A writ is served on the tenant by the sheriff or authorized law enforcement personnel. 

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Article 4 – Remedies

 

33-1361. Noncompliance by the landlord

 

A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach 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. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:

 

1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.

 

2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.

 

B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.

 

C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.

 

D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section

 

33-1321. 33-1362. Failure to deliver possession

 

A. If the landlord fails to deliver physical possession of the dwelling unit to the tenant as provided in section 33-1323, rent abates until possession is delivered and the tenant may do either of the following:

 

1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security.

 

2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.

 

B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1324, rent shall not abate. Tenant may proceed with the remedies provided for in section 33-1361.

 

C. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater.

33-1363. Self-help for minor defects

 

A. If the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under section 33-1361, subsection B, or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection.

 

B. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent or if the condition repaired does not constitute a breach of the fit and habitable condition of the premises.

 

33-1364. Wrongful failure to supply heat, air conditioning, cooling, water, hot water or essential services

 

A. If contrary to the rental agreement or section 33-1324 the landlord deliberately or negligently fails to supply running water, gas or electrical service, or both if applicable, and reasonable amounts of hot water or heat, air-conditioning or cooling, where such units are installed and offered, or essential services, the tenant may give reasonable notice to the landlord specifying the breach and may do one of the following:

 

1. Procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord's noncompliance and deduct their actual reasonable cost from the rent. If the landlord has failed to provide any of the utility services specified in this section due to nonpayment of the landlord's utility bill for the premises, and if there is no separate utility meter for each tenant in the premises such that the tenant could avoid a utility shutoff by arranging to have services transferred to the tenant's name, the tenant may either individually or collectively with other tenants arrange with the utility company to pay the utility bill after written notice to the landlord of the tenant's intent to do so. With the utility company's approval the tenant or tenants may pay the landlord's delinquent utility bill and deduct from any rent owed to the landlord the actual cost of the payment the tenant made to restore utility services. The tenant or tenants may continue to make such payments to the utility company until the landlord has provided adequate assurances to the tenant that the above utility services will be maintained.

 

2. Recover damages based upon the diminution in the fair rental value of the dwelling unit.

 

3. Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. In the event the periodic cost of such substitute housing exceeds the amount of the periodic rent, upon delivery by tenant of proof of payment for such substitute housing, tenant may recover from landlord such excess costs up to an amount not to exceed twenty-five per cent of the periodic rent which has been excused pursuant to this paragraph.

 

B. A landlord shall provide all utilities and services specified in the lease agreement.

 

C. A landlord shall not terminate utility services as specified in subsection A of this section which are provided to the tenant as part of the rental agreement, except as necessary to make needed repairs or as provided in section 33-1368. Subsequent to the execution of the rental agreement, a landlord may not transfer the responsibility for payment of such utility services to the tenant without the tenant's written consent.

 

D. If a landlord is in violation of subsection C of this section, the tenant may recover damages, costs and reasonable attorneys fees and obtain injunctive relief. Nothing in this section shall preclude a tenant's right to recover damages as specified in section 33-1367.

 

E. A lease agreement shall not contain any terms contrary to this section.

 

F. In addition to the remedy provided in paragraph 3 of subsection A of this section, in the event the landlord's noncompliance is deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of the substitute housing not in excess of an amount equal to the periodic rent.

 

G. If the tenant proceeds under this section, he may not proceed under section 33-1361 or section 33-1363 as to that breach, except as to damages which occur prior to the tenant proceeding under subsection A or B of this section.

 

H. The rights under this section do not arise until the tenant has given notice to the landlord and such rights do not include the right to repair. Such rights do not arise if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent 

33-1365. Landlord's noncompliance as defense to action for possession or rent; definition

 

A. In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, if the landlord is not in compliance with the rental agreement or this chapter, the tenant may counterclaim for any amount which he may recover under the rental agreement or this chapter. In that event after notice and hearing the court from time to time may order the tenant to pay into court all or part of the undisputed rent accrued and all periodic rent thereafter accruing and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court and the balance, if any, by the other party. However, if no rent remains due after application of this section, or if the tenant is adjudged to have acted in good faith and satisfies a judgment for rent entered for the landlord, judgment shall be entered for the tenant in the action for possession.

 

B. In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection A but the tenant is not required to pay any rent into court.

 

33-1366. Fire or casualty damage

 

A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may do either of the following:

 

1. Immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.

 

2. If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.

 

B. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321. Accounting for rent in the event of termination or apportionment is to occur as of the date the tenant vacates all or part of the dwelling unit  

 

33-1367. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321.

 

33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition

 

A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. For the purposes of this section, material falsification includes the following untrue or misleading information about the:

 

1. Number of occupants in the dwelling unit, pets, income of the prospective tenant, social security number and current employment listed on the application or lease agreement.

 

2. Tenant's criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section. If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days. However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate. If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred. If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide as defined in sections 13-1102, 13-1103, 13-1104 and 13-1105, prostitution as prescribed in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13- 1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord's agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under section 33-1377. The foregoing list of actions which may constitute a material and irreparable breach of a tenant’s lease is not exhaustive.

 

B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.

 

C. The landlord may recover all reasonable damages resulting from noncompliance by the tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises.

 

D. The landlord may discontinue utility services provided by the landlord on the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181. Disconnections shall be performed only by a person authorized by the utility whose service is being discontinued. This section does not supersede standard tariff and operational procedures that apply to any public service corporation, municipal corporation or special districts providing utility services in this state.

 

E. On the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181, the landlord shall comply with section 33-1370, subsections D, E, F, G, H and I regarding the tenant’s personal property.

 

F. For the purposes of this chapter, the tenant shall be held responsible for the actions of the tenant's guests that violate the lease agreement or rules or regulations of the landlord if the tenant could reasonably be expected to be aware that such actions might occur and did not attempt to prevent those actions to the best of the tenant's ability.

 

G. For the purposes of this section, "days" means calendar days. 33-1369. Failure to maintain If there is noncompliance by the tenant with section 33-1341 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment.

 

33-1370. Abandonment; notice; remedies; personal property; definition

 

A. If a dwelling unit is abandoned after the time prescribed in subsection J of this section, the landlord shall send the tenant a notice of abandonment by certified mail, return receipt requested, addressed to the tenant's last known address and to any of the tenant's alternate addresses known to the landlord. The landlord shall also post a notice of abandonment on the door to the dwelling unit or any other conspicuous place on the property for five days.

 

B. Five days after the notice of abandonment has been both posted and mailed, the landlord may retake the dwelling unit and rerent the dwelling unit at a fair rental value if no personal property remains in the dwelling unit. After the landlord retakes the dwelling unit, money held by the landlord as a security deposit is forfeited and shall be applied to the payment of any accrued rent and other reasonable costs incurred by the landlord by reason of the tenant's abandonment.

 

C. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent the dwelling unit at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement is deemed to be terminated as of the date the new tenancy begins. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose shall be deemed to be a month or a week, as the case may be.

 

D. After the landlord retakes possession of the dwelling unit, and if the tenant’s personal property remains in the dwelling unit, the landlord shall prepare an inventory and notify the tenant of the location and cost of storage of the personal property in the same manner prescribed in subsection A of this section.

 

E. After the landlord retakes possession of the dwelling unit, the landlord may store the tenant's personal possessions in the unoccupied dwelling unit that was abandoned by the tenant, any other available unit or any storage space owned by the landlord or off the premises if a dwelling unit or storage space is not available. The landlord is not required to store the tenant’s perishable items, plants and animals on behalf of the tenant. The landlord may remove or dispose of, as appropriate, the perishable items, including plants. At the landlord’s discretion, the landlord may remove and dispose of any personal property in the dwelling unit that is contaminated or may be considered a biohazard or poses a health and safety risk. At the landlord’s discretion, the tenant’s abandoned animals may be immediately removed and released to a shelter or boarding facility. The landlord shall keep a record of the name and location of the shelter or boarding facility to which the animal was released to a shelter or boarding facility, the landlord shall provide reasonable care for the abandoned animals for the period prescribed by subsectionF of this section. If the landlord is unable or unwilling to provide reasonable care to the abandoned animals, the landlord shall notify the county enforcement agent as defined in section 11-1001 or an animal control officer as prescribed in section 9-499.04 of the presence of the tenant’s abandoned animals on the property to be seized pursuant to section 13-4281. The landlord is not liable for any actions taken in good faith related to the removal, release, seizure or care of the abandoned animals pursuant to this section.

 

F. The landlord shall hold the tenant's personal property for a period of fourteen calendar days after the landlord retakes possession of the dwelling unit. The landlord shall use reasonable care in moving and holding the tenant's personal property. If the landlord holds the property for this period and the tenant makes no reasonable effort to recover it, the landlord may donate the personal property to a qualifying charitable organization as defined in section 43-1088 or otherwise recognized charity or sell the property. If the landlords sells the property, the landlord shall retain the proceeds and apply them toward the tenant's outstanding rent or other costs that are covered in the lease agreement or otherwise provided for in this chapter or title 12, chapter 8 and that have been incurred by the landlord and excess proceeds shall be mailed to the tenant at the tenant's last known address. A tenant does not have any right of access to that property until the actual removal and storage costs have been paid in full, except that the tenant may obtain clothing and the tools, apparatus and books of a trade or profession and any identification or financial documents, including all those related to the tenant's immigration status, employment status, public assistance or medical care. The landlord may destroy or otherwise dispose of some or all of the property if the landlord reasonably determines that the value of the property is so low that the cost of moving, storage and conducting a public sale exceeds the amount that would be realized from the sale. Any tax benefit associated with the donation of the personal property belongs to the tenant. A landlord that complies with this section is not liable for any loss to the tenant or any third party that results from moving, storing or donating any personal property left in the dwelling unit.

 

G. For a period of twelve months after the sale the landlord shall: 1. Keep adequate records of the outstanding and unpaid rent and the sale of the tenant's personal property. 2. Hold for the benefit of the tenant any excess proceeds that have been returned as undeliverable.

 

H. If the tenant notifies the landlord in writing on or before the date the landlord sells or otherwise disposes of the personal property that the tenant intends to remove the personal property from the dwelling unit or the place of safekeeping, the tenant has five days to reclaim the personal property. To reclaim the personal property the tenant must only pay for the costs associated with removal and storage for the period the tenant's personal property was stored. Except as provided in subsections E or I of this section for personal property exempt from storage requirements, within five days after a written offer by the tenant to pay the applicable storage or removal costs the landlord must surrender possession of the personal property in the landlord’s possession to the tenant upon the tenant’s tender of payment. If the landlord fails to surrender possession of the personal property to the tenant, the tenant may recover the possessions or an amount equal to the damages determined by the court if the landlord has destroyed or disposed of the possessions before the fourteen days specified in this section or after the tenant’s offer to pay.

 

I. Notwithstanding subsections d, e, f and g of this section, if the tenant returns to the landlord the keys to the dwelling unit and there is personal property remaining in the dwelling unit, the landlord may immediately remove and dispose of the personal property without liability to the tenant or a third party unless the landlord and tenant have agreed in writing to some other treatment of the property.

 

J. For the purposes of this section "abandonment" means either the absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the residence or the absence of the tenant for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and none of the tenant's personal property is in the dwelling unit

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33-1371. Acceptance of partial payments

 

A. A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment of rent or other charges retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy. The written agreement shall contain a date on which the balance of the rent is due. The landlord may proceed as provided in article 4 of this chapter and in title 12, chapter 8 against a tenant in breach of this agreement or any other breach of the original rental agreement. If the landlord has provided the tenant with a notice of failure to pay rent as specified in section 33-1368, subsection B prior to the completion of the agreement for partial payment, no additional notice under section 33-1368, subsection B is required in case of a breach of the partial payment agreement.

 

B. Except as specified in subsection A of this section, acceptance of rent, or any portion thereof, with knowledge of a default by tenant or acceptance of performance by the tenant that varied from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.

 

33-1372. Landlord liens; distraint for rent

 

A. A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter.

 

B. Distraint for rent is abolished.

 

33-1373. Remedy after termination If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement.

 

33-1374. Recovery of possession limited A landlord may not recover or take possession of the dwelling unit by action or otherwise, including forcible removal of the tenant or his possessions, willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender or as permitted in this chapter

 

33-1375. Periodic tenancy; hold-over remedies

 

A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice.

 

B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.

 

C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months' periodic rent or twice the actual damages sustained by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies.

 

33-1376. Landlord and tenant remedies for abuse of access

 

A. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages.

 

B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent.

 

33-1377. Special detainer actions; service; trial postponement

 

A. Special detainer actions shall be instituted for remedies prescribed in section 33-1368. Except as provided in this section, the procedure and appeal rights prescribed in title 12, chapter 8, article 4 apply to special detainer actions.

 

B. The summons shall be issued on the day the complaint is filed and shall command the person against whom the complaint is made to appear and answer the complaint at the time and place named which shall be not more than six nor less than three days from the date of the summons. The tenant is deemed to have received the summons three days after the summons is mailed if personal service is attempted and within one day of issuance of the summons a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant's last known address. The summons in a special detainer action shall be served at least two days before the return day and the return day made on the day assigned for trial. Service of process in this manner shall be deemed the equivalent of having served the tenant in person for the purposes of awarding a money judgment for all rent, damages, costs and attorney fees due.

 

C. For good cause shown supported by an affidavit, the trial may be postponed for not more than three days in a justice court or five days in the superior court.

 

D. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs as prescribed by law.

 

E. If a complaint is filed alleging a material and irreparable breach pursuant to section 33-1368, subsection A, the summons shall be issued as provided in subsection B of this section, except that the trial date and return date shall be set no later than the third day following the filing of the complaint. If after the hearing the court finds by preponderance of the evidence that the material and irreparable breach did occur, the court shall order restitution in favor of the plaintiff not less than twelve nor more than twenty-four hours later.

 

F. If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for late charges stated in the rental agreement, for costs and, at the plaintiff's option, for all rent found to be due and unpaid through the periodic rental period provided for in the rental agreement as described in section 33-1314, subsection C and shall grant a writ of restitution.

 

G. If the defendant is found not guilty, judgment shall be given for the defendant against the plaintiff for costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.

 

33-1378. Removal of guest A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy. A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises

Article 5 – Retaliatory Action

 

33-1381. Retaliatory conduct prohibited

A. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after any of the following:

 

1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety.

 

2. The tenant has complained to the landlord of a violation under section 33-1324.

 

3. The tenant has organized or become a member of a tenants' union or similar organization.

 

4. The tenant has complained to a governmental agency charged with the responsibility for enforcement of the wage-price stabilization act.

 

B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in section 33-1367 and has a defense in action against him for possession. In an action by or against the tenant, evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of termination of the rental agreement. "Presumption", in this subsection, means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. C. Notwithstanding subsections A and B of this section, a landlord may bring an action for possession if either of the following occurs: 1. The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent. 2. The tenant is in default in rent. The maintenance of the action does not release the landlord from liability under section 33-1361, subsection B

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