If you are concerned about your Arizona tenant rights, keep reading. This document may only be valid if it has been signed by the landlord. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Your spouse's parent, grandparent, brother, sister, child or grandchild. State the amount of the rent that the roommate pays and the day of the month (or week) that the rent is due. If you have a guest who is not considered a tenant, you can still evict them. Now, the cost of living and paying rent is so high in many parts of America that having a roommate is becoming much more common for adults of all ages. Commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), Commissioned corps of the Public Health Service, After you correct a properly-noticed lease violation in a timely manner, After you pay past due rent and related fees. Arizona aims to protect tenant rights under theArizona Residential Landlord and Tenant Act. However, the landlord must advertise the available rental unit. Moreover, suppose you have multiple contracts to draw up. Here's How! Landlord-tenant laws in Arizona may allow you to terminate your lease or sue for damages under certain circumstances (such as medical bills or paid rent, perA.R.S. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter. If you do not appear at the hearing, your Order may be quashed (dismissed); therefore, you must notify the court of any change in your contact information to assure you are notified of any hearings.MODIFYING OR QUASHING (DISMISSING) THIS PROTECTIVE ORDER: Only a judge can modify or quash (dismiss) this protective order. Making The Law Accessible To All | Free Legal Assistance In Arizona. Legislative Updates. Even if the rental agreement does not have any terms and conditions that prohibit having a roommate, it is still a good idea to inform the landlord of the intention to have a roommate and get the landlord to agree in writing to allow it. The following does not apply to mobile home park, Eviction and Foreclosure Information in Arizona, Evicting Guests, Roommates, Family Members, and Other Unwanted Occupants from Your Home. Arizona landlords are permitted to evict tenants for the following reasons: Nonpayment of Rent: If an Arizona tenant fails to pay rent, then the landlord may issue a 5-Day Notice to Pay. Landlords, on the other hand, must abide with the following requirements: Knowing your rights and responsibilities as a tenant (and your landlords obligations and rights as well) makes for a good renting relationship. DoorLoop also provides a number of other features, including background checks, property listings, and so much more! This means that when one roommate fails to pay his share of the rent and the other roommate cant come up with the full amount, then the landlord can evict both tenants from the property. If the person you fought with was your roommate or cohabitant, domestic violence is just one of several charges you may find yourself facing for a fight in a public location. A landlord cannot evict you for just any reason. In 2019 ATA members played a significant, if not decisive, role in defeating HB2115, which would have prevented cities and towns from adopting rental housing regulations. How to Evict a Roommate Not on the Lease | Nolo In the agreement, inform a roommate that they can review the Arizona Landlord/Tenant law by downloading a copy of Section 33, Chapter 10. If they choose not to move out, the tenant may require the landlord to take additional security measures (at the tenants cost). Understanding Consequences for Sexual Assault on College Campuses. It doesnt give any length of time for which a guest is allowed to stay. You may fill out the forms on AZPoint. If the eviction was for a material and irreparable breach of the lease by the tenant, then the landlord can have a constable carry out a Writ of Restitution 12 to 24 hours after judgment. After the tenant receives the documents, she has the option of filing an answer. The table below shows when you can issue a notice to move: If the process seems too time-consuming or complicated, DoNotPay can help! Counterclaims in an eviction action must be filed in writing and served upon the opposing party. We blindsided and foiled the landlord lobbyists; and with varying degrees of success, have been doing so ever since. Make sure the application explicitly requests permission to run these background checks. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. Thereupon, I and many other tenants made a valiant effort to derail the laws passage during hearings at the Arizona Senate, but we failed. This means that the deposit collected from all tenants must not exceed this amount. A roommate agreement is subordinate (less strong) to the terms and conditions of the original rental agreement. Can I Evict a Roommate With No Lease in South Carolina? Thank you! Yes, Here's How. The center in turn told the landlord that since all three tenants were named on the lease agreement and the agreement included a joint and several liability clause, then the landlord could issue an eviction notice to the individual tenant whom he believed was causing the noise. If your roommate has exhibited violent or threatening behavior toward you or another roommate or tenant, not only can they be evicted, but they can also face criminal charges. If you wish to obtain an Order of Protection or an Injunction Against Harassment against a juvenile who is currently in secure care within the Arizona Department of Juvenile Corrections (ADJC), it is recommended that you do so a minimum of two months prior to the release of the juvenile. Once a judgment has been entered, its up to the landlord whether to reinstate the lease. Include a copy of the rental agreement as an attachment. 13-1343). Arizona Department of Housing: Arizona Residential Landlord and Tenant Act, AZLawHelp.org: Eviction Question and Answers, Maricopa County Justice Courts: Eviction Actions, Tenant Resource Center: Joing and Several Liability, Arizona Supreme Court: Landlord/Tenant Disputes & Eviction Actions, Legal Beagle: How to Evict a Live-in Partner in Arizona. The eviction action needs to be filed in the jurisdiction in which the rental property is located, and the filing fee must be paid to the court at the time of filing. No Hot Water In My FlatWhat Are My Rights As a Tenant? We have a free form that you can edit. Let DoNotPay take away your stress and solve your problems! Please check your email for the requested download. The Arizona Residential Landlord and Tenant Act offers legal details on how to evict your roommate and when you can do it. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. Generally, you may not break a lease in Arizona. The millennial generation is facing either continuing to live with parents or needing to have roommates to be able to live on their own. Filing an eviction action with the court requires first giving notice to the tenant. For landlords who fail make repairs within ten days, renters may be able to make use of the self-help repair statute (A.R.S. It is allowed under Arizona law to charge the prospective roommate a fee for this background check according to what it costs. You can also file a Notice to Vacate, the same way you may evict a roommate who is also a tenant. Getting back in and getting your property, Recovering Personal Property Held by your Former Landlord. In Arizona, a landlord can evict a tenant without a lease or with a lease that has ended (known as a "holdover tenant" or "tenant at will"). 33-1378 should be interpreted to exclude applicability to month-to-month tenancies, the language is a little vague and I could easily envision a Justice of the Peace concluding that the law allows ANY residential landlord to pull out a guest or (non-identified) resident using the police. Looking to grow your portfolio and make more money? function gtag(){dataLayer.push(arguments);} AZCourts.gov/eviction Performance Measures. You must begin by defining a roommate and distinguishing the differences between a tenant and a guest. Give the roommate a copy of this information that the landlord provides. How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, Sending Money to an Inmate Has Never Been Easier, Credit Card Dispute Letter Template That'll Get Your Money Back, Arizona Residential Landlord and Tenant Act, what to do when your landlord threatens to evict you. G. For the purposes of this section, "sexual contact" and "sexual intercourse" have the same meanings prescribed in section 13-1401. If the person offered to pay, that person may be a tenant even if they never paid any money at all. Therefore, any violent act from one roommate to another can result in several charges, one of which is domestic violence. THE PARTIES. This person (guest) may be removed by a law enforcement officer at the request of the tenant or landlord. We will contact you within 24 hours guaranteed. Use that date or a later one if the initial lease agreement specifies a termination date. You should hear back from your landlord directly once your demands are sent. Keep reading to learn how to create the perfect Arizona roommate agreement that complies with state and federal laws. I then asked him: If that was the case, why did he not advise me of the legislation so I could provide input from the tenants perspective, about this matter of statewide concern? Finding a good roommate is critical because you have to live with them on a full-time basis. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. In some States, squatters have rights as tenants or claims to ownership of a property through "adverse possession." OFFICIAL EVICTION NOTICE LETTER Table of Contents Squatters Rights: By State The Arizona Legal Center provides free legal aid and consultations in Arizona only. An Order of Protection may include various forms of legal protection such as removing firearms from the home, adding other people to the order and exclusive use of the home. Before taking in a roommate, there are things to check and consider that will help make sure the process goes well and will not cause unnecessary problems. You're almost there! Unless the roommate signs a rental agreement directly with the landlord, the original tenants are 100% responsible for what a roommate does. As a safety measure, include the contact information for the landlord and/or the property manager for the roommate to use in the case of an emergency. In Arizona, the maximum security deposit is one and a half times the monthly rent. Under ArizonaA.R.S. The landlord or property owner may simply call the police and have the roommate removed, as long as the roommate can be considered a guest and wasnt on the written lease. Family and Children > Child Custody > How to Represent Yourself in Under Arizona law, landlords must provide a rental unit that has fully operating appliances and is safe to occupy. Many rental agreements in Arizona require a landlord's consent when an additional adult (not a spouse) moves into the rental unit. If a security deposit is required for these services, specify how much of the utility security deposit each roommate will contribute. We have helped prevent enactment of other negative laws (HB2128 from the 2011-2012 session), and been the impetus for new laws (modifications to A.R.S. Only a landlord has that legal right. Quality of Life in the Nursing Home - You have the right to: Choose and participate in activities that you like and which are part of your plan of care. How to Evict Someone Who Lives With You - Rocket Lawyer If utilities are shared, and the roommate will pay a portion of the utilities, state the proportion for the roommate. If a tenant has a lease that allows an additional, identified occupant, then the previous rules remain in effect: the prime tenant is essentially in a landlord/tenant relationship with the subtenant (roommate), and the prime tenant, as well as the landlord, are required to use due process and go through the court system to evict the roommate. Arizona Sublease Agreement (Free Template) | Rev. 2023 Some judges may rule that the roommate has the right to deduct repairs from what is owed. In 2015 A.R.S. State any late payment fees and when they are charged (typically five days after the rent is due). Provide the percentage the roommate will contribute if utilities are shared between roommates in the rental unit. To comply with Arizona state law, every co-tenant must sign the agreement. To comply equal Arizona states law, any co-tenant must sign the agreement. Domestic Violence Charges and Roommates - AZ Defenders It is important to understand that the signers of the original rental agreement are responsible for what happens with the rental unit. To do so, the landlord must first terminate the tenancy by giving the tenant proper notice to move out ( 30 calendar days' [2] for tenants that pay month-to-month). If you would like your personal information protected, it must specifically be requested.Please refer to the following website to locate an Arizona Order of Protection or Injunction Against Harassment Packet: Protective Order FormsPlease refer to the following website to find a court in your area that may be able to assist you with Orders of Protection: Arizona Court LocatorORDERS OF PROTECTION A.R.S. If you find that your tenant is struggling to meet their financial obligations each month, leasing a room in the rental unit to another tenant could help to ease the burden. We write helpful content to answer your questions from our expert network. A.R.S. 33-1378 Allows Landlords to Remove Roommates Without Going to We have extensive knowledge and a broad understanding of Arizona laws surrounding domestic violence including those regarding cohabitants. If they do not leave within the timeframe, you can file an eviction action with the court. Usually a new rental agreement is created with the remaining tenants. Describe in mathematical detail how the utility bill will be allocated among the tenants of the rental unit. It is recommended that you fill out . Ensure the rental is safe, free from pests, and in operable condition. If you have anyone who is not a tenant who will not leave, a friend who you allowed to stay for a while, or family member, or an ex, or whoever it might be, you should give them a notice to vacate after at least five days. 13-1302); criminally trespasses or criminally damages (A.R.S. If there is domestic violence involved, you can file an order of protection in addition to having the guest removed. Get a written waiver of those terms and conditions from the landlord before seeking a roommate. Harassment is defined as a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys, or harasses the person and serves no legitimate purpose (A.R.S. According to Arizona law, a security deposit cannot exceed 1.5 months' worth of rent. Keeping track of payments and generating compliant agreements can be stressful. Under A.R.S. So for a number of years there was a landlord regularly presiding over landlord-tenant disputes, who by his own admission does not need to take tenant concerns into consideration. Before evicting a tenant, though, landlords must closely follow Arizona's laws regarding . A relationship does not have to exist between the two parties, as is required with an Order of Protection. Roommates: Your Rights and Liabilities Know your rights when it comes to living with roommates, and avoid problems by carefully writing out a detailed roommate agreement. 33-1368, which requires him to give his tenant who is violating the lease a 10-day opportunity to cure the breach, and then if the tenant doesnt do so, to take the tenant to court. If all of the tenants plan to move, a 30-day notice is required for a month-to-month rental agreement. It is also important to know that when you file an affidavit, it does become a public record. 12-1809:An Injunction Against Harassment is available if the conduct of any person is harassment; as defined by Arizona law: ADDITIONAL INFORMATION ABOUT PROTECTIVE ORDERS:PUBLIC ACCESS: Only the information contained in the served protective order, not the petition, will be entered into the state computer system and will be made public on the internet. We can help you make the right decisions to improve your outcome and protect your future. In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public. Many landlords allow this type of rental agreement to let all the parties share the costs. If you do not have Adobe Acrobat Reader installed, then you can download your free copy by clicking here, Ken Volk, who has worked with tenants for more than 24 years and helped push for the comprehensive housing code that exists in Tempe, said the Landlord-Tenant Act is really insufficient to protect those who rent.., rash and eccentric, Volk's crusades for tenant rights have grabbed local headlines and earned him the spotlight as the renters' spokesman in almost every tenant-related news story in the past decade.., These city codes on rental properties could become unusable if this law were to pass, said tenant advocate Ken Volk.Youd take away a lot of the hammer that comes down on rentals in all these municipalities, Volk told the, Writing result-oriented ad copy is difficult, as it must appeal to, entice, and convince consumers to take action., A successful marketing plan relies heavily on the pulling-power of advertising copy. can be involved in a domestic violence case. If the landlord makes deductions for unpaid rent, cleaning or damage, a written itemized list is included with the return of the partial deposit. Roommates whether living together on a college campus or independently in other housing are considered cohabitants under Arizona law. Tell nearest neighbors also. The documents are generated based on the users responses to a set of questions. By the way, following Mr. Uries retirement from the House, his grateful landlord compatriots rewarded (read: campaign donations and support) his efforts by electing him as Justice of the Peace for the Highland Justice Court (Gilbert area). PDF Arizona Roommate Agreement - eForms Free Arizona Roommate Agreement - PDF | Word - eSign Additionally, it is necessary to provide any tenant with instructional information regarding bed bugs, as detailed in Section 33-1319. The first thing to do is to carefully check the terms and conditions of the rental agreement to make sure having a roommate is allowed. The website walks users through completing all the forms necessary for an eviction action. F. Notwithstanding subsection D of this section, a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable. On top of that, Rule 49 of the Arizona Family Law Rules of Procedure lays out what you are required to disclose even without the other party asking for the documents. The Arizona Residential Landlord and Tenant Act offers legal details on how to evict your roommate and when you can do it. 33-1370. It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means secretly view, with or without a device, another person without that person's consent under either of the following circumstances: 1. Tenants must also provide reasonable access for the landlord to the residence for the purpose of repairs. Once all these details have been added to the room rental lease document, you will need to have it signed by all the parties involved. However, there are some situations where you may be able to legally break a lease with no penalty. B. The landlord often requires the tenants to pay a security deposit. You must begin by defining a roommate and distinguishing the differences between a tenant and a guest. When drawing up a room rental agreement, it is important to take note of certain federal and state laws that may apply. At the Arizona Legal Center, we know that the legal system can beintimidating and complex. She has worked for several law firms, providing legal services in various fields including immigration, housing, bankruptcy and family law. Get a demo of DoorLoops property management software to learn more. 33-1364). Arizona Revised Statutes 33-1370 (2017) - Justia Law The payment of rent and other obligations, as well as other housemates occasionally breaking the rules outlined in the main rental contract with the landlord, are some of the frequent issues that roommates run into. How to Evict a Roommate in Arizona | Legal Beagle 33-1378 was enacted as part of the Arizona Residential Landlord & Tenant Act, allowing landlords to evict tenants' roommates who are not on the lease without any due process whatsoever, just by calling the police and having the roommates removed. 33-1318). Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Under Arizona State law there are two Residential Landlord and Tenant Acts, one that pertains to standard rental housing and the other to renters in Mobile Home Parks. Before you do anything else, notify your landlord. Once the court orders an eviction, law enforcement will remove the roommate from the premises. This means that evicting a roommate requires following many of the same rules for evictions that landlords must follow. In its most simple form, the Act requires tenants to properly maintain their residence and use it only as a residence. Having a roommate used to be something that was mostly for college students. Even if your roommate is not on your lease, failure to pay their portion of the agreed-upon rent can incur late charges from your landlord and hardship on you or other roommates. More often, eviction takes 30 days or more. Under A.R.S. Four things help to avoid problems, which are 1) If possible, choose roommates from people you already like, who you have visited where they live, to see how they live; 2) run a background and credit check, so there are no hidden surprises; 3) have a clear, detailed, written roommate agreement, and; 4) make sure that the landlord allows roommates. Include any other requirements that cover the particular circumstances of the roommate agreement and the rental unit. Most rental agreements have a joint and several liability clause. In the first section, include the date that the roommate agreement begins and the date it ends, if it has a specific termination date. When considered alongside A.R.S.
