Evictions, Homelessness & Heat Related Deaths: Could Arizona’s Antiquated Landlord & Tenant Act be Part of Our Problem?

Yes, it is

Arizona’s Residential Landlord and Tenant Act (ARLTA) was enacted by the Arizona Legislature and signed into law by Governor Jack Williams in 1973. The Act outlines the rights and responsibilities of both landlords and tenants in residential rental agreements across the state.

It covers a wide range of issues, including security deposits, maintenance obligations, lease termination, eviction procedures, and the conditions under which both landlords and tenants can take legal action.

Arizona Residential Landlord and Tenant Act | Arizona Department of Housing

One of the key aspects of Arizona’s landlord and tenant law is its landlord-friendly nature. Compared to tenant protections in other states, Arizona’s law provides landlords with greater flexibility and control over rental agreements.

For example, Arizona doesn’t have any limits on rent increases (aka rent control), allowing landlords to increase rent was they see please as long as they give basic notice (30 days for month-to-month agreements). Landlords also don’t have to provide a grace period for late rent payments and there’s no state-imposed limit on late fees, although they must be considered reasonable.

Metro Phoenix evictions climb again in July. Where are rates highest?

Landlords can end a lease and begin eviction proceedings with short notice periods, especially when compared to more tenant-friendly states like California or New York. For example, if a tenant doesn’t pay rent the landlord can issue a 5-day notice to pay or vacate the premises.

Metro Phoenix eviction filings hit new high

If the tenant doesn’t comply within this period, the landlord can file for eviction in court. The entire process, from issuing the notice to completing an eviction, can be faster than in states with more robust tenant protections, where extended notice periods and mandatory mediation can delay evictions.

Eviction filings are on the rise in metro Phoenix. What can be done?

At least ARLTA requires landlords to ensure rental properties are habitable and meet basic health and safety standards. Tenants at least have the right to request repairs and, in some cases, withhold rent or make repairs themselves and deduct the cost from the rent if the landlord doesn’t address significant issues.

Overall, while Arizona’s Landlord and Tenant Act offers some basic protections to tenants, its favors landlords overall, particularly in areas like rent control, lease termination, and eviction procedures.

As a result, landlords in Arizona can manage their properties with few restrictions and evict tenants more quickly than in states with more tenant-friendly laws.

Resources for Tenants:

0 recommendationsPublished in My Healthy Arizona