The Landlord/Tenant relationship in Arizona is regulated by the Arizona Landlord and Tenant Act. There are three very different areas: Arizona Commerical Landlord and Tenant Act, Arizona Residential Landlord Tenant Act and the Arizona Mobile Home Parks Residential Landlord and Tenant Act. Each is very different from the other. For example with commerical properties the landlord has much more flexibility than in the other Acts. In commerical leases, unless the lease provides otherwise, the Landlord can lockout the tenant with no notice. In a residential lease if the Landlord were to lockout a tenant without a judicial order and writ of restitution, the landlord would subject himself/herself to possible penalties and fines and tort liabilities .
Self help can apply in commercial leases but is not available in residential leases. Residential lease enforcement is strictly regulated by statute.
Security deposits are also tightly regulated. For instance, the security deposit shall not be equal to more than 1.5 months rent. The tenant can voluntarily pay more, but the landlord is not allowed to require it.
If a landlord fails to return a security deposit within fourteen days from the date the property is turned over and fails to provide a written explanation of how the deposit was applied, the landlord can be held liable not only for the amount of the deposit but can also be subject to punitive damages, and court costs.
Wayne Gardner is a partner at Gunderson, Denton & Peterson, P.C., where he uses the extensive legal and paralegal resources available to him to quickly bring cases to a close. Protracted litigation can hurt properties and affect cash flow. Make sure your investment is protected from tenants who do not pay their rent or whose actions endanger your property or lower its value. In order to properly protect yourself from protenant laws consult a landlord/tenant law attorney. Wayne Gardner can provide you with leases that are prolandlord. Your lease must provide for late fees, administrative fees, court costs, and attorney’s fees or you cannot recover them. Call Wayne Gardner, Arizona Landlord Lawyer, at 480-433-8524 for pro-landlord legal assistance.
Wayne Gardner Law
Mesa, AZ 85203