Tenant and Landlord Attorney in Phoenix
Landlords and tenants have a special relationship in that landlords provide tenants with a place to call home. When a tenant agrees to rent a property, and a landlord agrees to allow the tenant to rent the property, the parties generally enter into an agreement known as a rental or lease agreement. Under that agreement, and under the Arizona Residential Landlord and Tenant Act, the roles and obligations of both the landlord and the tenant are defined. Failure to adhere to the defined roles or to meet these obligations by either party can lead to eviction, damage awards, and other court-ordered remedies.
Landlord Obligations in Arizona
By law, and under the Arizona Residential Landlord and Tenant Act, a landlord owes certain duties to a tenant and must adhere to certain guidelines, including rules pertaining to:
- Security deposits
- Providing a written lease or rental agreement
- Maintaining a fit premises
Tenant Obligations in Arizona
Tenants in Arizona also have obligations to fulfill when renting another’s property, such as to:
- Maintain the dwelling unit
- Follow reasonable landlord rules and regulations
- Allow the landlord access to the property
- Only use the property as a dwelling unit unless otherwise agreed to by both parties
Tenants Facing Eviction
Tenants have rights in the state of Arizona and landlords must follow strict processes before a tenant can be evicted, or forced to leave a rental property.
Landlords can evict tenants for a variety of reasons including failure to pay rent, violating the terms of the rental agreement, or if a crime is committed on the property. In most cases, before a landlord can commence the eviction process, however, the tenant must be given notice of the landlord’s intent and a chance to cure the offense. Each offense requires specific notice to the tenant and must provide the number of days in which a tenant has to correct the problem. For example:
- Notice to Pay Rent – in the event rent is not received by the landlord timely, a landlord can provide notice to the tenant of his or her intent to break the lease agreement and must provide a certain number of days within which the tenant can pay without consequence.
- Notice to Cure – this notice gives the tenant a certain number of days to cure violations of the lease agreement. For example, a renter must maintain the property. If repairs are necessary, a landlord may provide notice to the tenant and provide a specified number of days in which such repairs must be made
There are certain situations in Arizona, cases involving allegations of specific crimes, where a landlord does not have to provide notice to a tenant or an opportunity to cure a breach. In these cases the landlord may serve an Unconditional Notice to Quit on the tenant and proceed immediately to the eviction process.
Landlords that Would Like to Begin Eviction Proceedings
If you are a landlord and you have grounds to begin eviction proceedings in Arizona, an experienced attorney can help ensure all of the proper steps are taken. A landlord can evict a tenant for any number of reasons, however, it is important that the process is followed precisely in order to ensure a successful eviction. Failure to follow the proper legal eviction process could result in a legal defense to the eviction or a damage award in favor of the tenant.
A Lawyer Experienced in Landlord Tenant Law Can Help
Whether you are a tenant facing eviction or a landlord attempting to remove a tenant for wrongdoing on your property, the attorneys at Simmons & Greene P.C. can help. The process to remove an individual from his or her home can be emotionally difficult, time-consuming, and costly for both parties. An attorney can help to ensure a smooth and efficient process for all. Tenants may have a valid, legal defense to the eviction or may need more time to relocate. Conversely, landlords may have a real, and possibly urgent, need to remove a tenant from the property. If you are a landlord or tenant that has been wronged, contact the lawyers at Simmons & Greene P.C. as soon as possible to help ensure your rights are protected.