Arizona Rental Lease Agreements Overview
A rental lease agreement is a contract between the landlord and renter that outlines the terms of the lease. It establishes the responsibilities of both parties, covering the basic relationship from beginning to end. For the landlord, it can be a form of protection from legal actions, which can sometimes become necessary when certain terms are not met.
For the renter, the rental lease agreement will include costs, rules, and other particulars that each party is expected to observe during the term of the lease, including conditions under which rent increases can be made, whether pets can be kept on the property, and restrictions on what can be done to common areas and/or individual units . Rental lease agreements also cover legal subjects such as the court that will have jurisdiction, as well as the laws that govern the agreement, and any penalties that may be levied in the event of a violation or breach. Naturally, rental lease agreements must comply with government regulations, and should be written in plain language to encourage clarity for all parties.
The Arizona rental lease agreement form consists of eleven sections with explanatory detail about each section:
Key Aspects of an Arizona Rental Lease Agreement
The crucial components of an Arizona rental lease agreement include:
Details on the parties involved – The agreement must include the names of the landlord and tenant as well as contact information for both parties. The comprehensive list should include not just the address, but also the names of the individuals who will live in the apartment or home.
Property information – We recommend including the full street address, the type of property and its dimensions. You should also include whether pets are allowed, or not, as well as any other special conditions.
Rent terms – The amount of rent, when it should be paid and how to make the payment should all be included in the agreement. It should also describe how any late fees will be assessed.
Duration of the lease – The lease should include the start and end dates of tenancy. The duration of the lease is often tied to the rental rate – if the landlords charge significantly below market value for the unit, there may be a long lease term as a way of ensuring the landlords do not lose the profits they could have obtained by charging the normal market rate for rent.
Security deposit information – This section of the lease specifies how much the tenant will pay as a security deposit, along with when the deposit will be returned after the end of tenancy and what conditions will have to be met to ensure its return.
Essential Legal Requirements for an Arizona Rental Lease
In Arizona, rental agreements are governed by Title 33 of the Arizona Revised Statutes. Specifically, Chapter 10 is titled "Arizona Residential Landlord and Tenant Act" and is available at this link: Arizona Residential Landlord and Tenant Act. The Act is quite lengthy and spans over 100 sections (not including the usable interpretations, etc. at the end). In general, the Act sets forth both the tenants’ and landlords’ rights and responsibilities. It also provides for a specific process to follow should the tenant or landlord breach the act. Additionally, the Notice to Terminate a Month to Month Tenancy form provided above, requires specific notice to terminate the lease. Arizona law, under A.R.S. 33-1375, governs a landlord’s right to enter a rental unit for purposes of showing the property, performing maintenance, etc.
Common Mistakes When Using an Arizona Rental Lease Agreement
When it comes to Arizona rental lease agreements, there are a few common pitfalls that both landlords and tenants should be aware of and avoid. First and foremost, it is crucial that all parties understand the terms and conditions of the lease agreement before ink hits paper. It is not uncommon for tenants to sign an Arizona rental lease agreement form without properly reviewing the fine print. This can lead to misunderstandings and disputes down the road.
Another common mistake involves the termination clause. Many rental lease agreements in Arizona contain a provision requiring a 30-day notice to vacate. However, some leases have different requirements – perhaps 60 days in advance or a pro-rated payment if the tenant leaves before the end of the month. Failing to send the notice at the proper time and in the correct manner can cost the renter money or prevent them from getting back their entire deposit.
Pet ownership can also pose problems for renters. If a tenant has a pet, they should make sure that there is a provision in the lease for animals. It should state whether pets are permitted or not, how many are allowed, and whether there is a pet deposit or monthly fee. Without these clarifications, well-meaning landlords can find themselves in hot water if an animal causes damage to the property.
Another pitfall common to both parties is failing to document any repairs that have been made. Some landlords will agree, for instance, to paint the walls or replace a broken appliance. Having an agreement in writing makes it less likely that a dispute will arise over a verbal contract.
Finally, failure to comply with Arizona landlord-tenant laws can also create problems. In most cases, the rental lease agreement does not override state law. So if the end-of-the-year landlord report is not filed in time, or if the manager has not passed a criminal background check as required, tenants can use those lapses as leverage when it is time to negotiate a security deposit refund.
Getting An Arizona Rental Lease Agreement Right
While it is important to use a rental lease agreement form that meets Arizona requirements, landlords should also ensure that their lease is customized based on the actual property and tenant. The standard rental lease agreement form provided as part of the Arizona Department of Housing Residential Leasing Book does not account for every situation and may not be well suited to all properties or tenants .
Landlords should review lease agreement forms here to determine if a particular form is satisfactory for their situation. If not, although this may cost a little bit more, landlords may want to consider retaining a real estate attorney to draft or review a custom rental lease agreement form for them. The one-time cost of this can be worthwhile, especially when it saves landlords from potentially thousands of dollars in lost security deposits or other rental income.
Enforcing and Resolving an Arizona Rental Lease Agreement
The enforcement of lease terms between a landlord and tenant in Arizona is covered by the Arizona Residential Landlord and Tenant Act (ARLTA). In Arizona, remedies are generally available to landlords upon the breach of a rental agreement or failure by the tenant to comply with the ARLTA. Remedies may include termination of the rental agreement, recovery of damages, injunctive relief, or specific performance of the rental agreement. Legal actions for an eviction, also called an "unlawful detainer" action, may be brought against a tenant who fails to make timely payments or fails to comply with all terms and conditions of the lease or the ARLTA. Decisions by a court are enforceable by the sheriff or constable.
A common remedy for a renter to resolve issues with a rental agreement is through mediation before resorting to legal action. Tenants and landlords may seek to end the presumption for expert witnesses provided by law as well as other trial procedure rules, if both parties agree. Mediation is a way to simplify an eviction action in the county justice court, which is designed to be for small claims. Mediation may also be used to resolve disputes over the return of security deposits. Mediators can help landlords and tenants overcome expected disagreements.
Useful Resources for Arizona Landlords and Tenants
Understanding rental lease agreement forms is essential for both landlords and tenants in Arizona, and fortunately, there are a number of resources available for those who are renting out property or moving into new residence. For starters, the Arizona Department of Housing has released a Residential Landlord & Tenant Rights and Responsibilities pamphlet that is provided to all landlords in the state that covers a number of topics: guest permission , bedroom sharing, handle on deposit money, and what to include in the rental lease agreement. All landlords and tenants are encouraged to contact an attorney at Surrano Law Offices before beginning the renting process to ensure complete understanding of the rights of landlords and tenants in Arizona.