State Law and Renters Rules in Arizona
As an investor, potential landlord or tenant, you should be aware that property is one of the most regulated sectors of the economy. Both tenants and property owners are required to meet some obligations. Failure to do so is tantamount to an illegality and one can find themselves in a court of law. To help you avoid such a scenario, the team at Sapphire Capital Investment LLC has compiled this article.
Security Deposit
As a landlord, you have a right to charge and collect a security deposit from your tenant. The security deposit acts as an assurance that the tenant will pay their rent promptly and will also maintain the unit in a reasonable condition. The security deposit cannot be more than one and a half times the monthly rent.
Upon the end of the lease term, the landlord is given 14 days to process a refunding of the portion of the security deposit owed back. This is given that there might be damages from their stay on the property.
Bed bug control and infestation
Arizona provides a number of provisions to both landlords and tenants when it comes to bed bug control.
For the landlord,
- They are to ensure that the tenant is well educated on matters regarding bed bugs. They should provide educational material.
- They should not allow a potential tenant to move into a bed bug infested rental unit. This means that they should properly fumigate once an infestation is detected.
The responsibility of maintaining a bed bug free unit doesn’t only lie with the landlord. The tenant also has some responsibilities:
- A tenant is obligated to immediately report a bed bug infestation to the landlord.
- A tenant is not allowed to move into a unit that is known to have a bed bug infestation.
The right to quiet enjoyment
Once the lease is signed between the landlord and tenant, the tenant has the right to enjoy the rented premises. A landlord or his agent cannot enter the premises without prior notice. According to Arizona State Law, a landlord must provide at least a two days’ notice to enter. This provision of law can only be circumvented in certain conditions. For example, in the case of an emergency and the tenant’s life is at stake.
Disclosure of agent
The handling of property issues and needs requires intimate knowledge, experience and industry knowledge of property matters. For proper management and meeting of tenants’ needs, a landlord may employ the services of a management company. The tenant has the right to know the name and address of the management company either before or during the tenancy period. This communication must be done in writing.
Implied warrant of habitability
The State of Arizona requires that every landlord provide and maintain a ‘habitable’ space or premises. The law is coupled with the tenant’s duty to pay their dues in form of rent and service charges for the landlord to be able to maintain the space. The landlord is required to make all repairs, comply with all relevant housing codes as well as guarantee the provision of minimum essential requirements.
On the occurrence that property defects are not repaired, the tenant has the legal right to withhold rent, in part or whole, or make deductions to meet the cost of repair.
Conclusion
Keeping abreast of State property laws can be quite the challenging task. Interpretation and application is also an important part of it. To navigate these murky waters, call upon the experts at Sapphire Capital Investment LLC.
