What can my landlord legally do and not do?

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Accepted Answer

Under the Arizona Residential Landlord and Tenant Act, here's what your landlord must do, may do, and may not do in a standard residential tenancy.

Fit and habitable premises. Your landlord must comply with building codes materially affecting health and safety, make all repairs needed to keep the unit fit and habitable, keep common areas clean and safe, and maintain electrical, plumbing, heating, air-conditioning, and other supplied facilities and appliances in good working order . The landlord must also provide waste receptacles and removal, running water, reasonable hot water, and reasonable heat and cooling where units are installed and offered, subject to limited exceptions . If the landlord deliberately or negligently fails to supply water, heat, cooling, or essential services, you may (after reasonable notice) procure the services and deduct their cost from rent, recover damages based on reduced rental value, or obtain substitute housing and be excused from rent during noncompliance .

Entry. Your landlord may enter to inspect, make repairs, supply services, or show the unit, but except in emergencies or where impracticable, must give at least two days' notice and enter only at reasonable times . The landlord may enter without consent in an emergency, and your maintenance request itself counts as permission to enter for that purpose . The landlord may not abuse access or use it to harass you ; unlawful or harassing entry entitles you to injunctive relief or termination of the lease plus actual damages of at least one month's rent . Conversely, you may not unreasonably withhold consent to lawful entry .

Lockouts and utility shutoffs. Your landlord may not unlawfully remove or exclude you from the premises or willfully interrupt electric, gas, water, or other essential services; if that happens, you may recover possession or terminate the lease and recover up to two months' rent or twice your actual damages, whichever is greater . The landlord may not terminate utility services that are part of your rental agreement except as needed for repairs or after a writ of restitution is executed , and may not shift utility payment responsibility to you without your written consent .

Security deposit. Your landlord may not demand security (including prepaid rent) exceeding one and one-half months' rent, though you may voluntarily pay more . Nonrefundable fees must be designated as such in writing; anything not so designated is refundable . At move-in, the landlord must give you a signed lease, a move-in damage form, and written notice that you may attend the move-out inspection . Within fourteen days (excluding weekends and holidays) after the tenancy ends, possession is delivered, and you demand the deposit, the landlord must mail an itemized deduction list and any balance to your last known address . If the landlord fails to comply, you may recover the money due plus twice the amount wrongfully withheld .

Retaliation. Your landlord may not retaliate—by raising rent, decreasing services, or bringing or threatening an eviction action—after you complain to a government agency about health-and-safety code violations, complain to the landlord about habitability violations, or join a tenants' union . A complaint made within six months before the alleged retaliation creates a presumption of retaliation, and you gain the remedies described above plus a defense to eviction . However, the landlord may still evict if the code violation was caused primarily by your own lack of care or if you are in default on rent .

What the landlord may do. For your material lease violations, the landlord may serve written notice and terminate if you don't cure within the stated period (ten days generally; five days for health-and-safety breaches), and may terminate immediately for material and irreparable breaches such as certain criminal activity . For unpaid rent, the landlord may give five days' written notice and then file a special detainer action .

This summary covers only the topics above; for advice on your specific situation, consult a licensed Arizona attorney.