Councilmember Michael Johnson's
Arizona Informant Column
July 7, 2004

Know your rights as a landlord/tenant

If you have questions as it relates to your rights as a tenant in the State of Arizona, the City of Phoenix Neighborhood Services Department may be of assistance.

Tenants will ask what kind of rights and protections they have under the law.

The city of Phoenix Neighborhood Services Department offers free counseling services as it relates to housing, and guidance on the Arizona Residential Landlord & Tenant Act for both landlords and tenants.

There are things a tenant can do in order to protect themselves while renting an apartment or a house.

The number one thing to keep in mind when moving into a new place is that a lease is a binding contract, and therefore you should not sign a lease or rental agreement you do not understand.

It is also recommended that you as a tenant make a copy of your lease right after you sign it, and then keep the copy in a safe place for future reference.

If you are moving in or out of a rental property, it is absolutely critical to conduct an inspection of the entire residence, making sure all parties have a copy of the completed report.

Payment from tenants should always be on time and in full. A landlord does not have to accept a partial payment and cash should not be used to pay rent or deposits unless a receipt is issued.

When making a payment, we strongly recommend that all payments be made by personal check, money order or cashier's check.

In addition, it's important to know the tenant is responsible for maintaining the premises, as well as the conduct of their guests.

If repairs need to be made, the tenant should put all requests in writing and the notice should be sent certified mail to the landlord with a return receipt requested.

Copies should be kept of all your requests.

When the lease has come to an end, a request for a security deposit should be done in writing. Upon receipt, the landlord has 14 business days to provide either an itemized list of deductions or any amount due to the tenant.

If you're interested in learning more about landlord/tenant rights, a full copy of the Arizona Residential Landlord & Tenant Act is available through the Arizona Secretary of State by calling 602-542-4086.

Of course, free housing counseling is offered through the Phoenix Neighborhood Services Department and is available Monday through Friday from 8 a.m. to 5 p.m., by calling 602-262-7210 or visiting in person at 200 W. Washington St, Fourth Floor. For legal advice, however, an attorney should be consulted.

Michael Johnson is a Phoenix City Councilmember who represents District 8. His office can be reached at 602-262-7493 or at michael.johnson@phoenix.gov via e-mail.