Arizona is the home to over six million people, and currently has the sixth fastest growing state population. Many of those who call Arizona “home” are renters of an apartment or house. Though renting is common, few people are aware of their rights as tenants. Information about tenant rights is available to the public, however, it is sometimes difficult to understand and interpret due to the legal terms and phrases added into the language. Understanding Landlord-Tenant law is very important and necessary to avoid unintentionally foregoing rights and being taken advantage of by landlords.

Suppose a landlord, in a hurry to lease his property to a tenant in order to secure additional income, ignores warning signs that indicate that there is a problem with the home’s hot water heater. Instead, the landlord leases his property to a couple with little children without making repairs. As time passes, the warning signs materialize into a broken faucet, and one of the little children suffers severe burns and is hospitalized, resulting directly from the water heater. It is possible that the landlord could be held responsible for failing to make the premises fit for habitation or take precautions for the safety of the minor child as would have been taken by a reasonably prudent man under similar circumstances. Arizona law grants these protections, however, because of the lack of awareness, tenants let the landlord off of the hook by bearing the full cost.

The Arizona Legislature created laws governing the relationship between Arizona landlords and their tenants, outlining the obligations of both parties, and designating remedies to enforce rights and address certain issues. These provisions can be found in the Arizona Revised Statutes Section 33-1301 to 33-1381, commonly referred to as the Arizona Residential Landlord and Tenant Act (“ARLTA”).

ARLTA applies to and governs the rental of “dwelling units.” A dwelling unit is a place designated and used as a residence, such as apartments and houses. The landlord-tenant provisions of ARLTA do not apply to commercial property, such as a rented office spaces or store fronts, as they are not considered to be dwelling units. ARLTA covers a wide range of topics to help guide renters throughout their lease, such as notice requirements and when notice is considered to be given or received; rental agreements and which provisions are prohibited as a part of the agreement; utility charges; discrimination; early termination of a lease; security deposits; bedbug control; and landlord and tenant obligations.

For more on Arizona’s Landlord-Tenant law, visit WhitingLegal.com periodically as we will review cases involving disputes between Landlords and Tenants, and highlight solutions to difficulties frequently experienced by tenants.