Landlord-Tenant Issues
Whether you are a landlord seeking to evict a residential or commercial tenant, or a tenant whose landlord is refusing to return your security deposit or is wrongfully evicting you, understanding and interpreting the Arizona Landlord-Tenant Act is essential. Our attorneys are experienced and educated in landlord-tenant issues.
Both in Justice Court for smaller landlord-tenant disputes, and in Superior Court for larger ones, settlement conferences before trial are generally required. As discussed earlier in These Practice Areas, our attorneys have extensive ADR (Alternative Dispute Resolution) experience.
Frequently Asked Questions about Landlord-Tenant Law
Pursuant to the statute of frauds, A.R.S.§44-101(6), an agreement for “leasing for a longer period than one year” must be in writing to be enforceable. Therefore, a verbal lease agreement with all of the material terms, namely, price, length of term and specific lease space is probably enforceable.
Your former tenant can be liable to you for damages because of untruthful and defamatory online statements that affect your ability to rent the home.
No. Under Fair Housing laws a service animal used to assist a person with a disability is not a “pet,” and a pet deposit cannot be charged by the landlord.
A.R.S. § 33-1343 simply says that “notice” is required, so notice by phone is authorized. Although an inspection notice by phone is authorized, if the tenant denies receiving the inspection notice by phone, and refuses to allow you access, you would have the burden of proof in court to show that notice by phone was given to the tenant. Therefore, rather than a phone call, a text is better. If there was ever any question in court about notice, you would have a screenshot of the text to show the court.
Yes. Under A.R.S. §33-1368(A)(2) a landlord can immediately terminate a lease and evict all tenants if there is possession of illegal drugs on the leased premises.
Yes, but only if you have the same procedure for all prospective tenants, and don’t unlawfully discriminate against a protected class under Fair Housing laws.
Yes. If a lease is for less than one year, either spouse can sign the lease for the home and bind the community of both spouses. If the lease is for one year or more, however, both spouses must sign the lease.
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Phone: (602) 957-9810
Fax: (602) 955-4712
Email: info@combslawgroup.com
Address:
2200 East Camelback Rd.
Suite 221
Phoenix, AZ 85016
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