A tenant is any person listed on a rental agreement entitled to occupy a rental unit. A rental or lease agreement may list one or more individuals as tenants. The Arizona landlord cannot refuse to rent to someone because of an improper reason such as race, religion or country of origin. Landlords often rent to two or more roommates, depending on the size of the house or apartment. Numerous Arizona laws relate to tenants and roommates.
Rental or Lease Agreement
The rental or lease agreement, created by the Arizona landlord, lists the tenants of the rental unit. Often the landlord requires each tenant to fill out an application prior to renting the house or apartment. Each tenant in Arizona is usually responsible to follow the entire agreement and pay the rent.
Many rental agreements in Arizona require a landlord's consent when an additional adult (not a spouse) moves into the rental unit. Most rental agreements also have a clause that describes the length of time a guest may stay in the house or apartment.
Subletting is defined as tenants renting part or the entire unit to someone else. Many Arizona rental agreements contain a clause about subletting. They often require a landlord's consent for the tenants to sublet a house or apartment. The original tenants are still responsible for paying the rent and maintaining the unit.
The landlord often requires the tenants to pay a security deposit. In Arizona, the maximum security deposit is one and a half times the monthly rent. At the end of the occupancy, the landlord has 14 days to return the deposit. If the landlord makes deductions for unpaid rent, cleaning or damage, a written itemized list is included with the return of the partial deposit.
Late Rent and Other Problems
If the rent is late in Arizona, the landlord may issue a five-day notice to pay the rent or terminate the rental agreement. If a tenant or guest commits a crime or threatens the safety or health of other tenants, the landlord may serve a 24-hour notice. The "Immediate and Irreparable Material Breach" notice requires that the tenant move out within 24 hours. If the tenants break the rules or disturb neighbors, the landlord often issues a 10-day notice to correct the behavior. If the tenants do not follow the terms of the notice, the landlord begins eviction proceedings.
When a Tenant Moves out
Many Arizona rental agreements describe the procedure when one of the roommates moves out. Usually a new rental agreement is created with the remaining tenants. If all of the tenants plan to move, a 30-day notice is required for a month-to-month rental agreement. The tenants are responsible for the entire term of the lease with a lease agreement. However, the landlord must advertise the available rental unit.
- The University of Arizona: Arizona Residential-Landlord Tenant Guide; Leah Sandwell-Weiss; October 2008
- Arizona Community Action Association: Arizona Tenants’ Rights and Responsibilities Handbook; August 2009
- U.S. Department of Housing and Urban Development: Tenants Rights, Laws and Protections: Arizona
- The National Landlord Tenant Guides: Why Sublet/Sublease Your Apartment?