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Arizona Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Am I (tenant) responsible for submetered utilities during the lease term, but after I returned possession/vacated? Ariz

I was in a one year lease ending August 31. I provided 60 days notice prior to vacating and 90 days notice of intent not to renew the lease and left the premises on July 21st. I turned over the keys to the management, surrendering the property, completely vacated.

I have received... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering landlord-tenant questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information....
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: new lease, new deposit same complex wht cant I get move in special going on?

I have transferred to a bigger apt more rent and new security deposit signed new lease, and move in special is happening for first month rent free, why couldn't I get this special?

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

Ask the apartment complex.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Besides Abatement, can a landlord evict me if my housing subsidy provider doesnt pay their portion of the rent?

I live in Arizona. I am on an HUD subsidized housing voucher program. Besides abatement, if the housing subsidizer who i s responsible for paying 70% of my rent, doesnt pay their portion of rent for whatever reason (besides abatement) can the landlord file a forcible detainer for possession... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering landlord-tenant law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: If I pay my rent before having to go to court am I subject to pay court cancellations fees?
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering landlord-tenant law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Can tenant advocacy paperwork hold up in court? The apt bombed, etc, we still have roaches and want out of lease.
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

More information is needed to answer. The paperwork should be reviewed.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: How do we get someone who is not on our lease out of our apartment?

My boyfriend and I signed a lease together about two months ago. We allowed a friend to stay with us for 340$ a month and he's been here for about a month. We both agree that he should no longer live with us. He refuses to leave and has threatened to tell our landlord that we were letting him... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There is a new arizona law about removing unwanted guests that may apply. But care should be taken to determine if the person is considered a tenant and eviction required. Best to talk to a real estate lawyer about the details.

Please Take Notice: I am not your lawyer unless we enter...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Am I liable for the down payment?

I am the owner of a home in a lease to own situation. The lessee paid a down payment at the start of the lease. The realtor involved received the down payment which was to be held in a trust account until lessee was ready to close. I was told that this was done. 9 months later, the realtor is... Read more »

Leonard Sominsky
Leonard Sominsky answered on Oct 15, 2015

You should consider meeting with an experienced attorney to address these issues. It is not clear who's Realtor this was, but if the real estate agent or his firm lost the funds, you and the tenant have right to sue them. The Escrow agent also has liability. I am not sure why you are... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: My lease is not up but I gave the keys as I moved already. Still paying prorate. They rented to someone. Is that legal?

I moved out of state 3 weeks before my lease was up. I turned in the keys and did a walkthrough. Still paying fees such as pro rated amount and misc utilities. They rented the place out to someone else. Is this legal since I still have the lease but I turned in the keys?

Adam Studnicki
Adam Studnicki answered on Oct 11, 2015

If they rented to someone else, you may have a right to not pay certain fees or get your money back, but more information is needed to answer for sure. A real estate lawyer can review the lease and situation and advise.

Please Take Notice: I am not your lawyer unless we enter into an...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: My rental condo was put for sale and the realtor is trying to do showings without 48 hour notice, can she do that?

I was told 3 weeks into my lease the unit was being put for sale. The realtor has been on the property once with no notification and once with 7 minutes notice. Now she is trying to get a showing without 48 hour notice. I have also asked her to stop contacting me during work hours and she will.... Read more »

Adam Studnicki
Adam Studnicki answered on Oct 11, 2015

Here is a resource from the Attorney General's office that may be helpful: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I just turned in paperwork to my service dog to my apt now they want registration shots documents isnt that illegal

I turned in the note from my doc. Now they want paperwork saying shots registration and breed info. I believe that's against ada and fair housing act they cant ask for that. Only documentation showing I have need for a service dog.

Adam Studnicki
Adam Studnicki answered on Oct 3, 2015

Service animals are subject to the same licensing and vaccination rules that are applied to all dogs.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Arizona - If you allow a tenant out of the lease due to sexual assault or domestic abuse of a child. Do this forgive th
Adam Studnicki
Adam Studnicki answered on Aug 19, 2015

The question got cut off.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: If i file in small claims court for balance of my deposit, do i have the right to face the owner instead of the agent?
Adam Studnicki
Adam Studnicki answered on Aug 4, 2015

It may depend on who you sue. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I signed a 6 month lease with a roommate. The 6 months is up and she has not paid a dime towards rent or utilities.

How can I get her out and recover some of my money?

Adam Studnicki
Adam Studnicki answered on Aug 1, 2015

Here's a link to some information from the Arizona Attorney General's office that may be useful: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

Talk to a local real estate or landlord-tenant lawyer to assist you with the...
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2 Answers | Asked in Landlord - Tenant for Arizona on
Q: Should a bad eviction notice be honored.
Adam Studnicki
Adam Studnicki answered on Jul 30, 2015

More information is needed to answer. Generally speaking, eviction notices should follow legal guidelines. Talk to a landlord-tenant lawyer.

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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Can a person not under an apartment lease break a lease agreement?

My mothers husband wants to break our apartment lease early. The lease is under my moms name and my name. Does he have legal right to do this?

Adam Studnicki
Adam Studnicki answered on Jul 25, 2015

Doesn't sound like he would, but best to review the lease to make sure and/or check with a local lawyer.

Please Take Notice: I am NOT your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is NOT...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Land lord accepted pre-payment of partial monthly rent. When tenant failed to pay balance of rent on date stipulated in

original rental agreement(1st of mo +5 days), landlord filed unlawful detainer against tenant in AZ Justice Court. Absent any other written agreement, has landlord waived right to terminate original rental agreement for that failure. Rent due 1st of mo, landlord filed on 6th of month, but pre-paid... Read more »

Adam Studnicki
Adam Studnicki answered on May 29, 2015

Rent must normally be paid in full and on time. See part 2 in this publication from the Arizona Attorney General's office: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

The parties can agree to other terms.

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Can a az landlord enter my house with my aggressive dogs inside after I told him No and were moving out
Adam Studnicki
Adam Studnicki answered on May 29, 2015

Check the lease. Generally speaking, landlords have a reasonable right to access. See Part 2 in this publication from the Arizona Attorney General's office: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

3 Answers | Asked in Landlord - Tenant for Arizona on
Q: Landlord wants to live in rental is this legal reason to evict? In az.

Gave my daughter son in law 4 granddaughters 30 days to vacate. They can't find place that quickly. Month to month. No lease.

Adam Studnicki
Adam Studnicki answered on May 29, 2015

Here's a link to a guidebook put out by the AZ Secretary of State: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

From Part 6:

If your lease is month-to-month, to terminate your lease, you or the landlord must give the...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I have won an eviction case against my tenant and she has five days to move. What if she does'nt?
Adam Martinez
Adam Martinez answered on Mar 12, 2011

Make sure you obtain your writ of restitution from the court five days after judgment was entered against the tenant. If the tenant has not moved during that time period, you will have to give the writ of restitution to the constable (if judgment was in the justice court) or sheriff (if in the... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: My sister just received notice at 5pm today that she has to move by 8am tomorrow (Sunday) morning. Is that accurate?
Adam Martinez
Adam Martinez answered on Mar 12, 2011

After reading the question, my 10-year old daughter said, "No. That is not accurate. They have to at least give her a month to get ready." And while my daughter has no legal training, she is likely correct. Assuming that your sister is or was renting on some type of month-to-month... Read more »

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