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Landlord Tenant Issues

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Landlord Tenant Attorney in Phoenix

Disagreements between renters (tenants) and landlords (or property managers) are common place and when a resolution cannot be made between the two on their own, a landlord tenant attorney can often help.

Some of the more common issues include:

  •  Security deposits
  •  Maintenance / habitability
  •  Criminal activities
  •  Evictions
  •  Fair housing complaints

Tips for renters

  1. know and understand rental laws and contracts for renting before signing a lease.
  2. Eviction typically occurs due to lack of rent payment or violating a portion of the contract. Evictions must follow set procedures and deviation from these procedures often results in the eviction process starting over.
  3. If a landlord loses a property in a foreclosure, the tenant may file a lawsuit against the landlord.

To assist your attorney handling your matter, provide a copy of the lease agreement. The lack of a lease agreement can cause additional problems.

Landlords often have the most to lose when there is a dispute. Hence, it is wise to have an attorney review all existing contracts to help prevent disputes and future liabilities.

Residential tenants often have more protections than commercial tenants.

Landlords must provide written notice to a tenant facing eviction

If a tenant is evicted for failure to pay rent, a landlord may include a claim for past due rent.

Useful resources

Arizona Residential Landlord and Tenant Act
Tenant's Rights Handbook

Landlord's Legal Obligations to a Renter

Arizona Revised Statutes Section 33-1324 requires landlords to:

  1. Comply with applicable building codes materially affecting health and safety.
  2. Make all repairs and do whatever is necessary to keep the premises in a fit and habitable condition.
  3. Keep the common areas in a clean and safe condition.
  4. Maintain in good, safe working order and condition electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances supplied or required to be supplied by him.
  5. Provide and maintain appropriate receptacles for trash removal, and arrange for trash removal.
  6. If the apartment does not have an individual utility meter and appliances (hot water heater, air-conditioning and heating unit, etc.), supply running water, reasonable amounts of hot water, air-conditioning or cooling and heating, where such units are installed and offered.

(This is a partial summary, not the full text of A.R.S. Section 33-1324.)

Learn more about Landlord and Tenant Law in Phoenix

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