Arizona Tenants’ Rights

As a tenant, especially an Arizona tenant, you need to know your rights. If you don’t know your rights, you are likely to make errors that could harm your potential case against your landlord. We encourage all tenants to learn as much as possible about their rights before problems arise. Often, by the time a problem arises, it will be difficult for an uninformed tenant to quickly get himself up to speed on the laws affecting landlords and tenants in Arizona.

The first and most important set of rights is found in the Arizona Residential Landlord Tenant Act. You can find the Arizona Residential Landlord Tenant Act Here. The tenant laws start at A.R.S. §33-1301. You should read these laws very carefully, as they spell out what you and your landlord can and cannot do.

There are also important case law decisions to be aware of, but there is no easy way for you to read those relevant cases. You also should read your lease and all related documents.

You may have further rights if you live in a city or municipality that provides tenants with special protections, so you should check your local ordinances to see if residents of your city have more rights than are given to tenants in Arizona generally. And you may have additional rights under federal law if you are a Section 8 tenant or are disabled.

However, after you have educated yourself on the basics, knowing how to exercise those rights and learning how those rights have been interpreted by the courts are important things Mr. Thomas can assist you with. Many tenants have gotten themselves in trouble by reading a law out of context and then claiming something that was not permissible under the law.

You should seek legal advice before taking any action in your case. Even if you just visit our office for a single $250 45-minute consultation, you will receive valuable advice and tips on how to handle your case.

Another important right, in Mr. Thomas' opinion, is your right to a jury trial, assuming you have not waived it in your written lease agreement. Many Arizona tenants don't know they have a right to a jury trial in many cases.

Landlords (and some judges, known as justices of the peace in the Justice Courts) usually dislike jury trials in tenant cases for obvious reasons. Your right to a jury trial must be exercised carefully and quickly. There are advantages and disadvantages of using a jury trial in a tenant case.

However, it is often to the tenant's advantage to request a jury trial. Make an appointment to meet with R.V. Thomas so that you can learn whether a jury trial is right for your case. Although a jury trial will substantially increase the legal fees you will need to pay, it is often a good investment.

Remember that you have the right to representation (although not a free attorney, as is the case in criminal cases). You should not, unless you truly cannot afford it, walk into a courtroom legally unarmed. In many cases, you will make mistakes that could sink your entire case. It is wise to pay for quality representation so that you will avoid potentially far costlier mistakes in the long-term.

There are other rights as well. But these depend on the particular circumstances and need to be addressed with Mr. Thomas. Do not hesitate. Make an appointment today to find out how to prosecute your case against your landlord or how to defend yourself against your current or former landlord.

The worst thing you can do is nothing. That's what your landlord wants you to do because by your inaction your landlord wins by default.

Legal Fees for Arizona Tenants

Arizona Tenant Representation -- How Much Will it Cost?

Most tenants can afford the $250 it costs for a 45-minute residential tenant consultation. This is a wise investment, even if you can't afford formal representation. During the consultation, you will receive valuable tips and advice that will make you more informed, better prepared, and more likely to be able to defend yourself against your landlord.

Learning about your legal rights and options is essential if you want to have a chance of receiving a fair result in the Arizona landlord-tenant system. Even if we must give you bad news, it is better to find out now and know that you tried your best to fight the situation instead of wondering, years later, whether you could have done something about what happened. 

During the consultation, Mr. Thomas will answer your questions and provide you with appropriate legal advice. Mr. Thomas will also give you an estimate of the cost of your case. Every case is different. Some cases are quick and easy; others take a much longer time. Very seldom are two cases alike. That's why most cases are handled on an hourly rate basis.

Most routine eviction defense cases cost a minimum of $1,500. Other cases, such as security deposit claims, emotional distress cases, etc., are handled on an hourly basis and tend to cost several thousand dollars, sometimes more. Almost always, a retainer, which is essentially an advance deposit to cover part or all of the hourly charges, will need to be paid.

The minimum retainer is $2,500, but may be higher depending on such factors like the number of anticipated witnesses, whether a trial will be needed, whether the landlord is represented by an attorney, whether you are renting an apartment or single-family residence, the amount of money in question, whether a jury trial will be necessary or is desired, and numerous other factors.

A retainer is somewhat like a security deposit in that if the case costs less than the retainer amount, you will receive a refund of the unused portion. We do accept payments by credit card, and on occasion will offer payment plans.

Security Deposits in Arizona

Summary of Security Deposit Law in Arizona

The following are some general points regarding Arizona's security deposit law:

  • Landlords are not permitted to take more than 1 ½ times your monthly rental amount as a security deposit if you are a residential tenant in Arizona.
  • Your landlord must return your security deposit, less any allowable deductions, after you return possession of the property back to the landlord and demand in writing the return of your security deposit.
  • Your landlord must send you the full security deposit within fourteen business days of when the above takes place.
  • If your landlord does not send you the full security deposit, the landlord is required to at least send you an itemized breakdown of what the deposit was used for.
  • If you do not within 60 days contest the deductions from your security deposit, your right to challenge those deductions will be waived forever.
  • If the landlord used your security deposit for any improper purpose, you may have a claim not only for the return of the security deposit but twice the amount wrongfully withheld from you. Again, within 60 days make sure that you make it clear to the landlord – in writing – that you object to the portions wrongfully withheld.
  • There are other rights and obligations pertaining to security deposits and most of these can be found at A.R.S. §33-1321. Here is a link to the Arizona Residential Landlord and Tenant Act: Click Here

General Information About Security Deposits in Arizona

Oftentimes, we hear from Arizona tenants whose landlords are trying to keep part or all of their security deposit. Often, the landlord has no basis to do this. This problem is especially common with single-family residence rentals. These small-time Arizona landlords who own just one or a few properties frequently cannot resist the temptation to find a reason to keep part or all of your security deposit.

You may see charges for replacing outdoor plants/bushes, painting the interior of the residence, cleaning the carpet, cleaning the residence, fixing various items that are worn out from normal wear and tear, etc. Essentially, landlords often want to use your security deposit to get the property ready for the next tenant.

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To prevent the landlord from using your security deposit as a cookie jar, one important thing you can do is to have good move-in and move-out inspection sheets, signed by the landlord, that detail every single thing that is in good, bad, or fair condition, so that an accurate comparison between the two can be made.

Proper evidence should also be obtained both at move in and move out. This entails taking detailed photographs and videos to show the condition of the property when you moved in and when you moved out. Proper documentation goes a long way toward shining the spotlight on a mischievous landlord's underhanded efforts to use your money for his own improper gain.

You should contact our office for a consultation about how to properly structure your move-out to minimize the chance of any overreaching by your landlord. Communications with your landlord should generally be in writing and sent by certified mail.

Read the Arizona Residential Landlord Tenant Act carefully so that you will know your rights and responsibilities and seek our legal advice whenever you are uncertain about how to proceed. A copy of the Arizona Residential Landlord Tenant Act can be found Here.

Links for Arizona Tenants

Useful Links for Tenants:

    1. Get the Arizona Residential Landlord Tenant Act in PDF format Click Here
    2. The federal Department of Housing and Urban Development (HUD) has helpful general information, as well as specific information pertaining to some federal laws that affect tenants in Arizona Click Here
    3. The Arizona Justice Courts in Maricopa County have a useful site that will enable you to look up case history and also obtain Arizona-related landlord-tenant information Click Here
    4. The Arizona Justice Courts in Pima County have a site that has some useful features for tenants Click Here

The above sites should get you started. It is important that you become as educated as possible about the laws that affect you. This will enable your first meeting with Mr. Thomas to be as productive as possible, and it will also equip you with the basic knowledge that you can use to protect yourself from any improper actions your landlord would otherwise be tempted to try and get away with.