Tenant Law in Arizona
The relationship between a landlord and tenant in Tempe, Arizona can sometimes be a touchy one. Landlords and tenants are not always clear on their respective rights and responsibilities.
Tenants and landlords have several legal rights and responsibilities. In general, these rights don't conflict with one another, as long as both parties are clear about what they are, and act accordingly.
Landlord's Rights in Tempe, AZ
Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a certain amount of money for the right to occupy the landlord's property, a contract is formed. Tenants have to hold up their end of the deal.
They also have a right to compensation for any damage that a tenant causes, beyond ordinary wear and tear. Landlords are free to bill the tenants for repairs to damage they caused, and deduct the cost from the security deposit.
Tenant's Rights in Tempe, AZ
The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to provide. Landlords in Tempe, Arizona are under a legal duty to make sure that their apartments are habitable. There are several factors that are considered in determining if a unit is habitable or not, but, generally, a unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).
Tenants also have a right to ensure that the common areas of their apartment building are reasonably safe. Landlords are required to make sure that the common areas of their buildings meet Tempe, Arizona's building codes, and that there are no conditions that create unnecessary safety hazards. They are required to make, at their own expense, the necessary repairs.
In the United States, and most likely under the laws of Arizona, it is unlawful for renters or sellers of real estate to discriminate on the basis of race, gender, national origin, color, or religion. Doing so can subject a landlord to harsh civil penalties. Also, they cannot discriminate based on physical disabilities, either. Tenants with physical disabilities, who are otherwise qualified to rent an apartment (they are able to pay, have good credit, etc.) are entitled to make reasonable modifications to the apartment to make it more accessible to them, and the landlord generally can't bar a tenant from doing this, as long as the modifications are not too extensive, and are reversible. The landlord can, however, require the tenant to remove the modifications, at the tenant's expense, when they move out.
Tenants are also legally protected from unfair eviction. Before a lease agreement expires, landlords cannot evict tenants unless they breach as significant term of the agreement by not paying rent, causing serious damage to the property, engaging in activities that are a nuisance to the other tenants, or engaging in illegal activity on the property, among other things.
Can a Tempe, Arizona Landlord/Tenant Lawyer Help?
Whether you are a landlord or a tenant, chances are that you want to avoid conflict. But if you do end up in a seemingly irresolvable conflict with the other party, a Tempe, Arizona attorney can help you protect your rights.