The relationships between landlords and their tenants span the gamut from close (even familial or living in the same space) to the dreaded (and illegal) slumlord-tenant scenario. Naturally, someone considering becoming an investor in real property with the intent to engage in this active form of investment will want to become familiar with the laws in Arizona that pertain to landlord-tenant relations.
Landlords are generally interested in earning long-term, ongoing income from their properties. This comes with a great deal of involvement. Landlords must collect rent, fix problems that arise in order to maintain habitability, evict when it becomes necessary, and keep active records on their properties—and this is just the tip of the iceberg.
The Arizona legislature passed the Arizona Residential Landlord and Tenant Act (A.R.S. §13-1301 through 13-1381) with the following purposes (at §13-1302):
- To simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant.
- To encourage landlord and tenant to maintain and improve the quality of housing.
As such, the Landlord and Tenant Act outlines the duties and responsibilities inherent to either side of the relationship. These include such elements as: provisions that are prohibited from being included in a rental agreement—which any court will find to be unenforceable and which will result in the landlord’s being required to give up two months’ worth of rent; and the reasons for which and means and methods by which a tenant may be evicted.
In addition to the Landlord and Tenant Act, some may find their cases subject to the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. §33-1401 through 33-1418), which differs in some key elements from the more general Landlord and Tenant Act—chiefly in that the tenant in a Mobile Home Park supplies their own residential structure upon the landlord’s parcel of property.
If you’re looking to become a landlord in Mesa or anywhere else in the state of Arizona, or are considering becoming a tenant, you can call us to consult with an experienced attorney with strong scruples who can help you know how to meet your duties and mitigate your risks. At ProvidentLaw, our real estate attorneys represent parties on either side of real estate and financing transactions, including landlords, tenants,buyers, sellers, lenders, borrowers, trustees, guarantors, shareholders, partners, and others. We structure, negotiate and document a variety of real estate and financing transactions, such as leases, purchase and sale agreements, loans and development agreements for a variety of commercial and residential projects. Contact us for more details.
Christopher J. Charles is the founder and Managing Partner of Provident Law ®. He is a State Bar Certified Real Estate Specialist and a former “Broker Hotline Attorney” for the Arizona Association of REALTORS ® (the “AAR”). Mr. Charles holds the AV ® Preeminent Rating by the Martindale-Hubbell Peer Review Ratings system which connotes the highest possible rating in both legal ability and ethical standards. He serves as an Arbitrator and Mediator for the AAR regarding real estate disputes; and he served on the State Bar of Arizona’s Civil Jury Instructions Committee where he helped draft the Agency Instructions and the Residential Landlord/Tenant Eviction Jury Instructions.
Christopher is a licensed Real Estate Instructor and he teaches continuing education classes at the Arizona School of Real Estate and Business. He can be reached at Chris@ProvidentLawyers.com or at 480-388-3343.