Landlord - Tenant

This section provides basic information regarding landlord-tenant law in Arizona. This general overview is not a substitute for legal advice. If you think you may have a problem with your landlord or tenant, or you have questions regarding a lease agreement, please make an appointment with the ASU Student Legal Assistance attorney.

The ASU Student Legal Assistance Office is available for consultation and can assist in various landlord - tenant issues such as:

  • Terminating the lease agreement: circumstances for eviction, termination with or without penalty, etc.
  • Recovering security deposits or other expenses incurred during tenancy.
  • Obtaining repairs to the residence.
  • Communicating with landlord or tenant regarding a problem.
  • Providing forms related to landlord-tenant issues: move-in forms, sample leases, notices to repair, notices of intent to vacate, etc.

All Sections

Looking for a Place to Live?
Most students consider two factors when searching for a new residence: cost and distance from campus. Although these two factors should play an important part in your search, be sure to pay attention to the following and ask the landlord about them before you sign a lease:
Crime
What are the crime statistics for that area? Is the landlord aware of any ciminal activity in that area?
Noise
What is the general level of noise in that area and what are you willing to tolerate? A complex filled with other students may have a different level of noise than one filled with families.
Security
Is the area well lit? Is there nearby parking? Is there a security patrol? Neighborhood watch?
Neighbors
What is next to the complex/house? Other homes? A restaurant? A bar? A grocery store? Who is next door to the available apartment/home? Are they students or non-students? What is next to the residence may be a factor in the noise level, crime rate or security level.
Extras
Does the place allow pets? Do neighboring homes/apartments have pets? What rules and policies do the landlord, complex, or homeowner's association impose?
Convenience
How close is the apartment to campus? How close is it to grocery stores and other places of convenience? Consider how far you are willing to walk or take the bus if you do not drive to campus.
Leases
A lease is a contractual agreement between the landlord and the tenant or tenants to rent property. This agreement can be written or oral, although it is customary to have a written agreement.

Before you sign a lease make sure to read it carefully and think about the ramifications of every clause within the lease. If you and the landlord agree to change or add to the lease, make sure that all parties initial each change to the lease. The landlord is required to provide a signed copy of the lease to the tenant.

Leases typically contain provisions stating:
Parties to the lease
This part will contain the tenants' and the landlord's names. The landlord must provide the name and address of the person authorized to manage the premises and the name and address of the premises' owner or person authorized to receive notices on the owner's behalf.
Address and description of residence.
Time of tenancy
This can be for a fixed time period or month-to-month. If you sign a lease for a fixed time period, you are responsible for paying the rent each month until the lease ends, whether or not you live on the property for the specified time.
Monthly rent and penalties for late payment
Security deposit, other deposits and fees
The security deposit can be no more than 1-1/2 month's rent. Other deposits may include pet deposit or a gate device deposit (if you live in a gated community). Fees include redecorating fees or application fees. Any fee or deposit not stated as nonrefundable shall be refunded.
Utilities
The lease should state the utilities each party is responsible for paying. For example, the landlord may pay the water utility, while the tenant pays for electricity and cable.
Terminating the lease
The lease should state how the landlord and the tenants may terminate the lease. Most leases used by landlords near ASU require the tenant to give a written notification to the landlord at least 30 days before the end of the lease, even though the lease indicates that it will end on a specified date. The failure to provide adequate notice, as required by the lease itself, can result in the lease continuing or a monetary penalty. Contact this office for advice on terminating a lease early. The office has other forms such as 5 day health notice, or 10 day notice to vacate, that we can help tenants use to terminate a lease early.
Upon moving in, the tenants should receive (1) a signed copy of the lease, (2) a move-in form specifying any existing damage to the residence, and (3) written notification that the tenant may be present at the move-out inspection. If the landlord has not given you these documents, be sure to ask for them.
Signing the Lease
Put each tenant on the lease
Most leases contain clauses that limit the number of tenants who may occupy a residence to those who sign the lease. Failure to put each resident on the lease may give a landlord reason to either terminate the lease or seek other remedies stated in the lease, such as issue fines.
Ask questions
If you do not understand a provision, ask questions about it.
Keep copies of everything
Keep the signed lease copy, completed move-in form copy, receipts for security deposit, rent, and other fees, and other documents in a safe place.
Move-in Form
If you would like a complete refund of the initial refundable security deposit, you should take action at the beginning of your lease. Make sure you document the residence's condition at the beginning of your lease using the move-in form provided by your landlord or a similar document. The ASU Student Legal Assistance Office has a general move-in form available should your landlord fail to provide one.

Some things to note on the initial inspection sheet are:
  • Any scratches dents, stains, or similar marks anywhere on floors, walls, appliances, etc.
  • Cracks in plaster.
  • Presence or absence of fully charged fire extinguisher and operable smoke detector.
  • Number and description of any stains, rips in carpets, curtains, or furniture.
  • Any damage to windows, screens, doors, and locks.
  • Whether appliances are in good, working condition:
    • Hot water heater: Turn on the hot water and let it run, making sure it is hot. Check around the hot water heater itself to make sure it is not leaking. There should be no standing water around the heater.
    • Oven Unit: Check the burners and the oven. Check the microwave if the unit has one.
    • Make sure the sinks, showers, and toilets work, and check for leaks.
    • Check the air conditioning unit. In 110-degree summer heat, you want to make sure it works.
After making your notes, sign the form, make a copy for yourself and return it to your landlord.
Tenant's Responsibilities (A.R.S. §§ 33-1341 to 1344)
Generally, the tenant is responsible for keeping the residence in a safe and sanitary condition, such as properly disposing of trash, keeping the fixtures clean and using appliances in a reasonable manner. Other responsibilities include:
  • Tenants must conduct themselves and make sure their guests conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment of the premises. The tenants are also held responsible for their guests' behavior.
  • Tenants must follow any reasonable rules and regulations the landlord may adopt as long as they are not contrary to the lease agreement or to Arizona law.
  • Renter’s Insurance may help compensate for losses that a landlord is either unwilling or under no duty to compensate for. Please contact our office for more advice regarding renter’s insurance.
Landlord's Responsibilities (A.R.S. §§ 33-1321 to 1329)
The landlord must comply with applicable city and state housing codes and landlord-tenant laws. For example, the law requires the landlord to:
  • Make all repairs and do what is necessary to keep the premises in a fit and habitable condition.
  • Keep all common areas in a clean and safe condition, such as replacing broken lights in the stairway, fixing damaged stairs or cleaning up broken glass.
  • Maintain in good and safe working order and condition all plumbing, electrical systems, heating and/or air conditioning units, and other appliances supplied or required to be supplied.
  • Supply running water and hot water at all times.
This list is only a sample of what the landlord must do and is not meant to be exhaustive.

Should you have any problems with your residence or any common area in the complex, inform your landlord of the problem in writing. If the landlord fails to solve the problem, there may be a material noncompliance with the rental agreement. If you think you have may have a problem with the landlord, contact ASU Student Legal Assistance for an appointment. The Office has free copies of the Arizona Landlord-Tenant Act.
Terminating the Lease
The lease agreement should state the conditions for either the landlord or the tenant to terminate the lease. You should first read the agreement to see what you may have to do to terminate the lease.

You may also terminate the lease if (1) the landlord does not comply with the lease agreement, (2) you have notified the landlord of the failure to comply in writing and given him at least 10 days to comply (five days if it is a health and safety issue), and (3) he has failed to comply within that time period. The landlord has the same ability to evict you for noncompliance only if he satisfies the above requirements. The office has other forms such as 5 day health notice, or 10 day notice to vacate, that we can help tenants use to terminate a lease early.

Upon leaving a rental property, Arizona law requires you to return the property to the landlord in as clean a condition as possible, except for normal wear and tear. When it's time to move out, clean the apartment! Even if you think it was not all that clean when you moved in, you are better off cleaning as best you can. Then have a joint move-out inspection with the landlord. Although it is the landlord's duty to schedule it, if he or she does not do so, you should set it up.
Security Deposit (A.R.S. § 33-1321)
Within fourteen days, excluding Saturdays, Sundays, or other legal holidays, after termination of the tenancy and delivery of the apartment, the landlord shall provide the tenant with an itemized list of all deductions together with the amount due to the tenant, if any. The landlord may deduct from the security deposit all money owed him or her such as previous rent or other charges specified in the signed lease agreement. If the landlord fails to notify within fourteen days the tenant may recover the property and money due to the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

Last updated: April 25, 2008 by Memorial Union WebTeam