The Rights and Obligations of Landlords

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The following text is part of Arizona State Law Regulations from Arizona Supreme Court web pages

I. General Matters
a) As a landlord, you can collect and receive rent in a timely manner.

b) You can establish rules and regulations which are reasonable, fair and explicit -- and which are applied uniformly to all tenants.

c) You must rent to families with children unless the rental dwelling is in a subdivision or area which is restricted to adults only (by formal deed restrictions) or which qualifies as housing for older persons, under the Fair Housing Act.

d) You cannot refuse to rent to someone because of his/her race, sex or disability.

e) You can withhold part or all of a security deposit if the tenant owes you rent or other reasonable charges. You must provide the tenant with written itemization of any damage costs.

f) All deposits you receive from renters are refundable unless otherwise stated in writing.

II. Rental Agreements and You
a) Rental agreements can usually be oral or written for rental periods of 12 months or less, but if your tenant is renting for longer than 12 months, the agreement must be in writing. You must give the tenant a signed copy of the agreement with all blank spaces filled in.

b) If you and the tenant do not formally establish how long the rental agreement will last, then it becomes a month-to-month agreement, and rent is due to you on the first day of each month.

c) If your tenant fails to pay the rent on time, you can collect all reasonable charges specified in the rental agreement.

d) You can raise the amount of the rent after the full-term of any rental agreement has expired. If the tenant is renting month-to-month, you can raise the rent only after providing one full month's advance notice to the tenant. Rent can also be raised during the term of a lease to add any increase in the transaction privilege tax or other increase specifically provided for in your rental agreement with the tenant.

III. Condition of the Premises
a) Your rental dwelling must be safe, clean and habitable. Any appliances provided by you must be in good working order.

b) You must supply running water and reasonable amounts of hot water to your tenant(s). You also must supply reasonable heating and cooling if heating and cooling units are installed in the dwelling and you offered them as part of the rental arrangement with the tenant. You must supply gas or electric utilities service.

c) You can enter the premises to inspect, make repairs, alterations, decorations or improvements at reasonable times, if you provide at least two days' advance notice to the tenant.

d) In case of emergency, you can enter the premises without the tenant's consent.

IV. Your Conduct
a) You must enforce the rules and regulations involving your rental property uniformly and fairly for all your tenants. New rules or regulations require 30-days notice to existing tenants.

b) You have the right to require your tenant(s), their families and guests to act in a way which does not disturb others.

c) You must be truthful concerning condition of premises, availability, future changes, etc.

V. Ending the Rental Relationship
a) When there is no dispute about rent being due:

If your tenants are renting month-to-month, you must give them at least 30 days notice -- in writing -- before the next rent payment would normally fall due.

You must allow tenants to be present during move-out inspection.

b) When tenants have fallen behind in their rent payments:

You must notify your tenants, in writing, that they have five calendar days in which to pay their past due rent, or your rental agreement with them will be terminated, and they will be evicted. You can give them the written notice any time the rent is past due.

You must either hand-deliver the five day notice to the tenants, or send it to them by certified or registered mail.

If you send the notice by certified or registered mail, it will be considered received on the date the tenant signs for it, or five days after you mailed it, whichever occurs first.

comment

Norma Andeola MAIL 10-9, 2008

I would like to know if the orginial contract that I have does not match the copy that they gave me, and I have notices that they added some comments after the contract was sign with out our knowledge can we do something about it. Also I would like to know if the owner can request his house back at any given time. Our owner has been pressuring us to give back the premises what can we do.I added the scenairo.

On March 1, 2008

We moved into the residence 3559 Cosmos Court. Palmdale Ca. 93550. When we moved we told the owners on November, which was thanksgiving that we were moving. Per Maria Carmen Jimenez she stated that she was going to rent out the house under section 8 but that she didn’t want to rent the house out to Black people because she was afraid that they would destroy the premises. Therefore she would feel better that I rented it out because we would take care of the house. Since our house was nice. We moved in on March 1, 2008 given them 4 month to clean and empty the house.

They moved only what they would be using. And left everything in the garage they stated that they were going to leave it only for a couple of months. And by May they will have purchase a new home and then they will take it out.

The garage was used for 6 months more than what they stated.

In the backyard they place their washer dryer, kitchen and stove.

 

On May 3, 2008

Abel Jimenez came to our house and stated that we removed everything from the patio because it looks like a big mess. I told him that the big stuff mainly appliances were theirs. When I told him that he got very upset. He stated that he wanted the house in the same condition that it was.

 

I brought to their attention that the floor in the master bedroom had a big scratch and it was already there before we moved in. Adel and Maria were aware it Abel stated that

He did it. The mirrors in the master bedroom were foggy due to wrong chemicals being used to clean Maria stated that she used the wrong chemicals and that’s why it was like that. The Bedroom that belongs to their daughter Jackie was not painted and the holes on

The walls were never patch. Abel stated that he was going to paint and patch the holes.

Till this day it has not been done.

 

The bedroom was his daughter Alexandra stayed in was never patch and the closed door was never fixed. The Stuccos was never patch.

 

The Kitchen in the entry way Jackie made a hole was it was never fixed Abel stated that

He was going to patch it and never did.

 

On May 26 Labor Day weekend Abel and Carmen came to pick up the rent money and

Abel stated that they were going to Las Vegas and if I have the money I stated not all of it. Abel again stated that He doesn’t want anything added or taken out of the house.

It needs to stay the same way he gave it to us.

 

I also reminded Abel if he would provide us with the paint to paint the white iron fence.

He stated that before we moved in he would have it painted. Till this day is has not been done.

 

The pines trees in front needed to be trimmed and by accident they were trimmed to the bottom. I told him that I was going to replace it with gravel and some nice plants.

 

On September 1, 2008 Abel and Maria finally empty the garage and the patio.

 

On September 13, 2008 we received a letter from the real estate of Los Angeles

Yessica Tailan. Stating that she will be representing Abel and Maria Jimenez

And per what the letter states if she does not receive the payment within the grace

Period which is the 5th she will fill for eviction service thru her local attorney.

She also stated that to please do not contact the owners any longer.  I told them if they could get storage to put their stuff in. Abel stated that he was not going to pay for storage because he could not find one. Until they have a house then they were going to take it out

 

Since then Abel and Maria have been in our permission. On October 6, 2008 Abel called first and came by to pick up the rest of their stuff, which were the giant screen, TV, the mirror and the microwave. And on October 7 @ 9:30 am Abel came by to take stuff from the shed. Without notice.

 

Also on October 7, 2008. Abel Jimenez stated that we had only paid $300.00 for the rent. My mom told him that it was impossible when I went to War-mart I paid a total of

$1303.50, which was $1,300 for the rent and the 3.50 for the money order. The clerk gave

Me one money order which I thought it was the full $1,300.00 I took it to the office and I drop it off in the mail box. Abel told my mother that when did I exactly put the money at.

My mother told him that it was deposit in the box. When I mother called me I looked at my receipt and it show 2 money order for the amount of $1,300.00 the clerk only gave me 1 for $300.00 and the money order was still at Wal-Mart. I went in the morning and they gave it to me I went the Yessica Tailan office and she was very rude she stated that

She has an appointment with her attorney on Friday to have as evicted. I try to explain to her what happen and she refuse to listen she charged $50.00 for late fee which was paid.

 

She also stated that if we wanted to stay or leave the premises. If we wanted to stay she will take the money order I told her I couldn’t cash the money order since it was already made out to them. She stated they you decide. The money or move out.

 

October 8, 2008

 

Yessica  Tailan stops by the house and gave us a copy of the contract. This was not the original contract they wrote that they didn’t want anything in front of the house. Yet when we moved in there was a bench in front of the house and a water fountain that I moved to the side.

 

All we have is a swing and a bench on the side. Per Abel he stated that they never were in the front of the house. That they spent most of their time in the back.

 

 

 

 

 

 

 

 

 

 

 

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