When does the Arizona Residential Landlord Tenant Act (ARS §33-1301 et al) apply? This may appear a simple question, but Arizona has several Landlord Tenant Acts depending upon the type of residence and length of lease. Most Mobile Home Parks where the tenant owns the mobile home, and the landlord owns the land are governed by the Arizona Mobile Home Parks Residential Landlord and Tenant Act. (ARS §33-1401 et al.) A single mobile home on a parcel of land (whether the mobile home is owned by the tenant or the landlord) or a mobile home owned by the landlord in...
November 4, 2022November 1, 2022
MOVE IN INSPECTION FORMS
You must provide the tenant with a move in inspection form. Failure to do so may result in your inability to charge the tenant for damages against his security deposit. The Arizona Landlord Tenant Act requires landlords to provide tenants with a move in inspection form. Most of you have this a part of your lease; however, if you do not, you need to add this to your procedures. Best Practice is to provide the move in inspection form with the lease or when you provide the tenant with the keys to the unit. You should note any damages you...
November 1, 2022November 1, 2022
Change in the Law for Long Term RV Tenants
As of September 22, 2022, a tenant with a long-term lease for an RV (a tenant who falls under the Recreational Vehicle Long-Term Rental Space Act (ARS §33-2101 et al), will be allowed to have a live in care giver if the tenant has a disability. A fee cannot be charged for the caregiver. (No extra occupant fees.) However, the caregiver will be required to comply and follow all park rules. Update your park rules to include verbiage that all caregivers must pass a criminal background check. If you have a tenant informing you a caregiver shall be moving in...
October 21, 2022October 21, 2022
Tips for Trials or Acting as a Witness in Forcible Entry and Detainer Cases
What to Expect/Basic flow of a trial: The Judge will start by reviewing some preliminary information. He will then ask the Plaintiff’s attorney (Josh or Blythe) to provide some basic information. As appropriate we will call you as a witness or ask you questions. If it is a trial, you will be sworn in and we will question you. After we complete our questions the other side (attorney or individual representing him/herself) will be able to ask you questions. After we complete our presentation of evidence by having all our witnesses testify, the other side has a chance to present...
October 6, 2022October 6, 2022
Breaking Down the Arizona Landlord Tenant Act ARS 33-1315
Prohibited Provisions in a Lease Agreement. ARS §33-1315 Provides Landlords with a list of things they cannot have in their rental agreements. If a landlord does include one of these provisions, it is 1. Not enforceable and 2. If the landlord deliberately uses a known prohibited provision in the lease the tenant may recover two months’ rent or actual damages from the landlord. You may not have a provision in your lease agreement where the tenant agrees to pay the landlord’s attorney’s fees unless the provision indicates the prevailing party is entitled to attorney’s fees (i.e., winning party, either landlord...
October 6, 2022October 6, 2022
Fair Housing: How is Handicap defined under Fair Housing
“Handicap” means, with respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance. For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite. “Physical or mental impairment” includes: 1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal;...
October 4, 2022October 4, 2022
City of Tucson Passes Source of Income Ordinance
What Landlords Need to Know: 1. The City of Tucson passed The Source of Income Ordinance (11959) on September 27th. It goes into effect immediately! 2. The Ordinance lists source of income as a protected class under Fair Housing and Discrimination laws. 3. If a Prospective Tenant calls and asks if you accept Section 8 or another voucher program for a rental property/unit within the Tucson City limits and you indicate in any way that you do not accept that form of payment or indicate the tenant will not qualify you may be in violation of the City Ordinance. 4....
August 23, 2022August 23, 2022
City of Tucson to Amend Fair Housing to Include Source of Income Protection
The City of Tucson is currently considering adding source of income as a protected class under Fair Housing. The City has noted that fewer Landlords are participating in the Section 8 voucher program, and many Section 8 recipients are in need of housing. The ordinance (we do not yet have a complete draft making this partially speculative) would require landlords to accept tenants whose source of income for housing is HUD Section 8 or other government or charitable subsidies. The primary impact would be the requirement that all Landlords accept tenants using Section 8 vouchers. In years past the City...
May 5, 2022April 29, 2022
Service and Emotional Support Animals, the Basics.
Under Fair Housing Regulations, if a tenant requests a reasonable accommodation for a disability or covered condition, the landlord must consider and allow a reasonable accommodation. The most frequent request landlords receive is for an animal, either an emotional support animal or a service animal. If an animal qualifies as either an emotional support animal or service animal you may not charge the tenant pet rent, a pet deposit or disallow the animal in the unit. The animal is not considered a pet and the pet provisions and requirements you may have in place for a pet do not apply. ...
May 4, 2022April 29, 2022
Accepting Payments after Court and Proceeding with a Writ of Restitution
Once a judgment has been entered, the landlord may accept payments on the judgment and still proceed with their request for the writ of restitution. HOWEVER, it is not uncommon for a tenant to waive a receipt at a constable when he or she comes to execute the writ of restitution and claim the writ cannot be served because the tenant paid. We, therefore, recommend the following procedures or steps when accepting money from a tenant after court and before the writ of restitution: Have the tenant sign a note saying the tenant understands that the payment made is payment...