Now that you are 18, you can sign a rental agreement or lease to get your own place. The person or company renting to you is your "landlord" or the "lessor." You are referred to as a "tenant" or "lessee."
Q: Does a lease need to be written to be enforceable?
A: No. A lease or rental agreement can be written or verbal (A.R.S. §33-1310(13)), but a lease that lasts longer than one year must be in writing (A.R.S. §44-101(6)).
Q: What are the advantages of having a written lease?
A: A written lease can give you a clearer understanding of your rights and obligations. It also provides a clear reference to prevent disputes from differing understandings or memories of the agreement.
Written leases can also help if you rent with a roommate. Every adult who lives at the property needs to sign the lease and are equally responsible for the property. But remember - it's not easy to leave a lease early if you decide you and your roommate aren't working out. Roommates come with risks, so be careful who you decide to live with.
Q: Are there any disadvantages to having a written lease?
A: Pre-printed leases are almost always prepared by and favor the landlord. You should read the lease carefully before signing it. The lease could change some of the rules that would otherwise favor the tenant under the Arizona Landlord Tenant Act.
Remember, you don’t have to leave the printed forms as is. If all parties agree, you can modify the form to suit your situation, although modifying the lease can be difficult in a competitive rental market. Make sure you understand what you're signing and are comfortable dealing with what you can't change or pick a different place to rent.
Q: What is a security deposit and why do I have to pay it?
A: A security deposit is an amount of money that the landlord keeps during your lease term as an assurance that they can recoup costs if there is property damage, unclean conditions you caused, or unpaid rent. Some deposits are refundable. Some are not. The purpose of the deposit must be stated in writing by the landlord (A.R.S. §33-1321).
When you move in - and when you move out - consider taking detailed photos or video of the entire property to document the condition. This may help resolve or provide proof needed if your landlord tries to keep any refundable portions of your security deposit.
Q: I've got the keys, now what?
A: Once you're moved in, you must comply with your lease and typically must always (A.R.S. §33-1341):
- Keep your part of the premises as clean and safe as you can;
- Dispose of all trash and other waste in a clean and safe manner (for example-don't throw broken glass or chemicals away without properly bagging/sealing them up);
- Keep all plumbing fixtures in the apartment as clean as possible;
- Use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in a reasonable manner as they were intended to be used;
- Do not deliberately or negligently destroy, deface, damage, or remove any part of the premises or knowingly allow any other person to do so; and
- Conduct yourself in a manner that will not disturb your neighbors’ peaceful enjoyment of the
premises, and require other persons on the premises with your consent to do the same. (Know if there are time restrictions for things like loud music or parties.)
Q: Am I required to purchase renter’s insurance?
A: Some landlords require proof of renters insurance at move in or they will add it to your rent costs. Even if it is not required, it is something you may consider getting as a precaution protect the value of your belongings in case of emergency. The landlord’s insurance will cover only the buildings and property, not your possessions.
Q: Does the landlord have any responsibilities?
A: Yes. The landlord must also comply with the lease you both sign and with applicable building codes that impact health and safety. According to A.R.S. §33-1324, the landlord must:
- make all repairs and do whatever is necessary to keep the premises in a fit and habitable condition;
- keep all common areas of the premises in a clean and safe condition;
- maintain in good and safe working order all electrical, plumbing, sanitary, heating, air-conditioning, and other facilities and appliances that the landlord supplies or is required to supply;
- provide and maintain appropriate receptacles for the removal of garbage and other waste and arrange for their removal; and
- supply running water and reasonable amounts of hot water at all times, and reasonable heat and air-conditioning or cooling where installed, when required by the seasonal weather.
Q: Can the landlord enter my home whenever they want to?
A: Yes. In most situations, the landlord has the right to enter your apartment. The landlord may enter the apartment:
- To inspect the premises;
- To make necessary or agreed-upon repairs, alterations or improvements;
- To supply necessary or agreed-upon services; or
- To exhibit the apartment to prospective purchasers, tenants, or contractors.
Most of these situations require at least 2 days prior written notice and that the entry is during a reasonable time (A.R.S. §33-1343). Your landlord may also enter the apartment without your notice or consent in case of an emergency. Your landlord cannot abuse this right to access or use it to harass tenants.
Q: What happens if I don’t pay my rent on time or at all?
A: If you do not pay the rent when due, a landlord may give you a notice to either pay or leave within five days. If after five days the rent remains unpaid, the landlord may file a forcible entry and detainer action against you, to evict you (A.R.S. §33-1368). The landlord can then sue you for breaking your lease.
Q: In a monthly lease, can I end the lease by just leaving at the end of a month?
A: Generally, no. You must give reasonable notice before the end of a rental period. If you have a month-to-month lease, you must give written notice to the landlord at least 30 days prior to the date your rental agreement expires (A.R.S. §33-1375).
If your lease lasts longer than a month, many landlords require notice 60 days before lease expiration if you choose to move out when the lease expires. Read your lease to be sure and calendar the notice in advance so you don’t get charged for the notice period even if it extends past your lease expiration.
Q: If I break a lease (by moving out early or not paying rent), what could happen?
A: You may talk to your landlord and come to an agreement to break your lease early. Your landlord also has the right to sue you for breaking your end of the contract. You can possibly be sued for the following:
- All unpaid rent for the entire lease term;
- Any physical damages, including cleaning expenses - potentially with the landlord keeping your security deposit to apply it to these costs;
- Advertising expenses and other costs of re-renting the apartment to a different tenant;
- The landlord’s attorney fees if the written lease includes attorney fees (A.R.S. §33-1315); and
- An eviction action may be filed resulting in a court order for you to vacate the property if you haven’t left before getting notice of breaking the lease (A.R.S. §33-1377).
Laws may have changed since the last time this article was updated. The current and most up-to-date laws can be accessed here.