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 or tenant may have a judgment for attorney’s fees).
- Landlord may not limit his/her/its liability if the landlord is required to assume that liability under the law. For example, the Landlord may not have the tenant waive the right to a habitable living environment or the waive the right to hot water.
- Landlord may not require the tenant not to contact law enforcement or medical assistance or limit the Tenant’s right to contact law enforcement or medical assistance as needed. You cannot require the Tenant not to call the Police or require the tenant to call the Landlord or a third party prior to calling the police.
- Additionally, you cannot penalize or charge a tenant from requesting police or medical assistance.
We see these prohibited provisions most often in old leases or leases pulled from an online format not meant to be in compliance with Arizona Law. Review your lease annually and ensure it includes all the provisions you want it to have and nothing that is not allowed.
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