| 1. How do I know what type of laws apply to my situation? |
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Different laws apply depending on your housing situation. For instance, if you live in public housing, a traditional rental unit or a mobile home which you own, different laws will apply. If you are unsure which laws apply to your housing, you may ask to see your lease. You can also review the Eviction Exceptions webpage for different scenarios and applicable rules.
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| 2. Am I entitled to a written lease? |
Yes. Tenants who rent mobile homes, apartments, or homes are, with some exceptions, entitled to a copy of a lease. Always request a copy of your lease. You should ask that both you and your landlord sign the lease and there should not be any blank spaces on your lease when you sign the document.
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| 3. Something needs to be fixed in the rental unit. What should a tenant do? |
1. COMMUNICATE IN WRITING
You should state in writing what needs to be fixed and give a copy of that to your landlord in person; by certified mail with return receipt requested; by email; or by text. Keep in mind that only showing that an email or text was sent might not be enough if the other party does not acknowledge receipt. The amount of time you must give your landlord to fix the problem depends on the repairs needed and the type of housing in which you live but the landlord’s obligations remain even in times of a pandemic.
2. DO NOT STOP PAYING RENT OR DEDUCT RENT
You are required to pay rent even if the landlord refuses to fix items in your house or apartment. Many tenants mistakenly believe they can stop paying rent when something needs to be fixed but then face eviction proceedings for non-payment of rent!
Always make sure you can prove that you gave your landlord notice to make the repairs. Keep a copy of your request for repairs and ask an impartial witness to watch you give the request to the landlord, or mail the request by certified mail with return receipt requested.
Please watch the video entitled "What Can a Tenant Do? My Landlord Is Not Following the Lease" for more information about possible options for residential, mobile home, and RV tenants.
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| 4. What should I do if the landlord has stopped providing an essential service such as water, heat, or air conditioning? |
1. COMMUNICATE IN WRITING
Similar to the answer in the previous question, you should state in writing what needs to be fixed and provide a copy of that request to your landlord in person or by certified mail with return receipt requested.
If it truly is an essential service (for example, air conditioning in the summer), your written notice just needs to give the landlord a reasonable time to fix it.
2. PROVIDE PROPER NOTICE TO THE LANDLORD. After providing proper notice to your landlord, you may consider the following options:
- If you rent your unit, you may calculate the reasonable costs of the essential service and deduct that amount from your rent. (AS THIS OPTION IS ONLY AVAILABLE IN CERTAIN CIRCUMSTANCES, YOU SHOULD SEEK LEGAL ADVICE BEFORE DECIDING TO DO THIS.)
- If you rent your unit, you may find substitute housing and deduct the cost of that housing from your rent. (AS THIS OPTION IS ONLY AVAILABLE IN CERTAIN CIRCUMSTANCES, YOU SHOULD SEEK LEGAL ADVICE BEFORE DECIDING TO DO THIS.)
- Your best option is to pay your rent and file a claim for your costs at a later date.
Please watch the video entitled "What Can a Tenant Do? My Landlord Is Not Following the Lease" for more information about possible options for residential, mobile home, and RV tenants.
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| 5. What should I do if I receive a notice of non-payment of rent? |
PAY YOUR RENT!
If you rent your unit, you should pay your rent within five (5) days of receiving the notice. If you own your mobile home and rent the space on which it sits, you should pay your rent within seven (7) days of receiving the notice.
If you do not pay your rent, your landlord may end your lease and begin eviction proceedings against you in court. If for some reason you cannot pay the entire rent, you may attempt to pay part of the rent. Your landlord, however, is not required to accept partial payments. Also, this option is not available to mobile home owners who rent spaces.
NOTE: If you offer to pay the full amount of rent and late fees, the landlord must accept it. If the landlord does not accept the payment, you should document it.
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| 6. Can my landlord ever lock me out of my house without taking me to court? |
No. Your landlord must go through the court and obtain a judgment with a right of possession before you are locked out of your unit. If your landlord locks you out without getting this judgment first, you should call the police.
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| 7. What should I do if I receive a summons to appear because my landlord is attempting to evict me? |
You should go to the court listed on the document entitled "Summons" to prepare a written answer and respond to the allegations contained in the document entitled "Complaint." In Justice Court, you are not required to file a written answer unless the judge orders you to do so. Also, you should plan to be in court early on the date and time specified for your eviction hearing.
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| 8. How do I get my security deposit back? |
Before moving out of your rental unit, request a walk-through inspection with your landlord. You may want to take pictures of the premises. You should then send a letter to your landlord requesting a refund of the security deposit and provide them with your new address. Within 14 days of your written request, your landlord must either return your entire security deposit, or return part of your security deposit along with an itemized list of deductions. But you only have 60 days to contest the deductions the landlord made so be sure to answer in writing if you don’t agree. If your landlord refuses to return your security deposit, or you disagree with the deductions, you may file a claim against them in small claims or justice court for the money.
Please watch the video entitled "How Do I Get my Security Deposit Back?" for more details.
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| 9. Should I request a hearing if I receive a written notice from a Public Housing Authority ("PHA") stating that my Section 8 housing assistance under the Section 8 Housing Voucher Program will terminate for violations of the HUD regulations? |
Yes. If you believe you did not commit the alleged violations of the PHA regulations, and can offer proof you did not, you should make a written request for an informal hearing within the timeframe noted in the termination notice. You should ask the PHA staff for a copy of the informal hearing procedures and also request to review your housing file to prepare for the informal hearing.
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| 10. If I own my mobile home and rent the space on which it sits, can the landlord terminate my lease for no reason? |
No. The landlord must have good cause to terminate your lease and is required to provide you with notice of the alleged breach before terminating your lease. But if the mobile home park has decided to use the land for something different, that might be a good cause for termination.
For information about other mobile home issues, please review the Legal Info Sheet entitled "Mobile Home Park Evictions" or watch the Info Videos that apply to mobile homes.
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| 11. I am a victim of domestic violence and need to move out of my apartment for safety reasons. Can I break my lease without financial consequences or ruining my credit? |
Yes. ARS § 33-1318 allows for domestic violence victims to terminate their lease agreement if they provide the landlord with written notice and a copy of a police report or an Order of Protection within thirty (30) days of the abuse. You are only liable for rent owed or paid through the date of the lease termination plus any previously outstanding obligations. The landlord may ask for additional information, such as the name and address, if known, of the perpetrator. For more information, see Frequently Asked Questions: Early Lease Termination.
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