A legal tenancy occurs when you allow a tenant to stay in a rental property after a lease expires. For example, the typical one-year written lease you have with a tenant probably states that your lease will automatically be converted to a monthly tenancy if the tenant chooses to stay beyond the one-year mark. If the written lease has expired and the tenant has stayed, you will have a tenant at will. Even a written agreement that does not specify an end or expiration date is considered an all-you-can-eat rental. Also, in Arizona, this includes providing false/misleading information about the rental application on: The landlord has not addressed certain unsafe conditions or has not provided a residence ready for the apartment such as running water, heating, air conditioning, plumbing and plumbing. The tenant must have notified the landlord in writing to remedy the situation within 10 days, or the tenant may leave the apartment and force the landlord to pay the tenant`s new tenancy fee and other damages beyond the rent normally paid to the landlord until the condition is determined. A tenant can self-repair if the default is less than $300 or half of the monthly rent, whichever is higher, and deduct the cost of the rent. Examples of physical health and safety violations could include the accumulation of garbage in the rental unit, the provision of a port for rodents or insects, or even things like damaging the power line in the rental unit. In fact, my efforts within the tenant movement in Arizona grew out of a successful blockade of virulent anti-tenant legislation in 1993. We took the landlords` lobbyists by surprise and thwarted them; and with varying degrees of success, they have been doing so ever since. Arizona Tenants Advocates was responsible for creating the Tempe Rental Code in various incarnations and later played a role in formulating the Glendale Rental Order. Other municipal ordinances followed in Tucson, South Tucson, Youngtown and Surprise. Tenants, if they are active and organized, can make a difference.
We have helped to prevent the adoption of other negative laws (HB2128 of the 2011-2012 session) and have been at the origin of new laws (amendments to r.s.a. § 33-1902, subsection C). In 2019, ATA members played an important, if not decisive, role in the defeat of HB2115, which would have prevented cities and municipalities from passing rental housing bylaws. The restitution order is the tenant`s last request to leave the rental unit before being forcibly evicted from the property by the sheriff or gendarme. Under Arizona law, rent is considered late the day after it expires and grace periods (if any) are set out in the lease/lease. If tenants in the state of Arizona “survive” or remain in the rental unit after the rental period expires, the landlord must notify the tenants before evicting them. This may include tenants without a written lease and tenants from week to week and month to month. If the tenant remains in the rental unit after the notice of revival is issued, ownership of the rental unit is forcibly returned to the landlord. A landlord who allows a tenant to live on an Arizona property without a written lease can evict the tenant by complying with the state`s owner-tenant laws. These laws outline tenants` termination rights and obligations when they ask a tenant to leave.
Tenants without a lease, called will-will tenants, are bound by the same landlord-tenant laws as tenants with leases. As a landlord, you must follow Arizona`s eviction laws to remove a tenant from your property. Typical rental offenses in this category can include things like damage to the rental property, too many people in the rental unit, and a pet if there is a no pet policy. The law certainly applies to all tenancies under a lease, but it is not so clear whether it applies to other tenancies. Although it seems that the A.R.S. § 33-1378 should be interpreted as excluding applicability to monthly rentals, the wording is a bit vague and I could easily imagine a justice of the peace concluding that the law allows ANY owner to remove a guest or (unidentified) resident with the help of the police. .