Phoenix, AZ asked in Landlord - Tenant and Civil Rights for Arizona

Q: Can an AZ Landlord discriminate against a past eviction?

Can a Landlord in the State of Arizona legally discriminate against a potential tenant due to a past eviction in a different state of the US?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Arizona, a landlord is allowed to consider a potential tenant's rental history, including any past evictions, when deciding whether to rent to them. There is no specific law in Arizona that prevents a landlord from using a previous eviction, even from another state, as a factor in their decision. Evictions are often seen as indicators of financial risk, so landlords may use this information to assess the likelihood of future issues with rent payments or property management.

However, while landlords can consider past evictions, they must still follow fair housing laws. These laws prevent discrimination based on factors like race, religion, disability, or familial status, but they do not protect against discrimination based on eviction history. The decision to rent based on a past eviction is typically left up to the landlord’s discretion.

If you're concerned about a past eviction affecting your rental application, it may be helpful to provide references, show proof of stable income, or offer a larger security deposit to ease the landlord’s concerns.

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