Arizona Tenant Background Check
Arizona Tenant Screening Background Checks
By owning rental property, you'll need to run an Arizona Tenant Screening Background Check to ensure the safety of your investment. Properly checking a prospective applicant's credit, eviction, and criminal history is more than just having them fill out a rental application. You'll need to ensure you receive written permission to check their credit. After that, a simple statement and their signature will do.
Property owners want to feel confident that a tenant occupying a property is ideal. Unfortunately, that does not always happen. When you screen tenants properly, you lessen the chances that the tenant is a problem tenant.
It is important to realize that some statutes forbid not renting to certain tenants but forbid renting to others. These statutes are governed under § 33-1317. Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; Applicability. In 33-1317(A)(B)(C)(D), a person who "knowingly refuses to rent" to anyone who has children or who advertises that a property will not be rented to a tenant with children is guilty of a petty offense. On the other hand, a property cannot be rented to a tenant with children when that property is specifically designated as being for older persons. For more information, visit:
The Koleman Group LLC provides tenant screening background checks nationwide. Looking for a tenant screening report in a state other than Arizona? Visit our tenant background checks page to learn more. Order an Arizona tenant background check today.
Arizona Landlord-Tenant Law
The Arizona Residential Landlord and Tenant Act governs the renting of residential units in the State of Arizona and is set in place for the benefit of property owners and tenants. The act explains the rights and obligations of each party and protects each party during a tenancy.
This information is not intended to substitute for legal advice or consultation with an attorney, nor is it meant to include a complete list of all laws and statutes covered under the Arizona Residential Landlord and Tenant Act. For assistance with your personal questions or issues, you may want to contact an appropriate Arizona Government Agency or a qualified attorney specializing in landlord-tenant law.
Arizona Residential Landlord and Tenant Act Security Deposit
Under the Arizona Landlord-Tenant Laws, a property owner may request that the tenant submit a security deposit, as provided under section 33-1321. However, the security deposit amount must not exceed an amount "above one and one-half month's rent."
The amount of security deposit paid by the tenant and received by the property owner or landlord must also be stated in writing. A security deposit serves multiple purposes. First, it demonstrates that a tenant is serious about renting the property when a security deposit is tendered and serves as an assurance to the tenant that the property owner or landlord is holding the property for the tenant. This type of agreement may occur when a prospective tenant wants to rent the property but must wait until their next payday to have enough money to pay the security deposit and rent before moving in. Security deposits will also compensate at least a portion of delinquent rent should a tenant vacate the premises without notice, damages the property, or be evicted. Once a tenant leaves the property, the proper Arizona Disposition of Security Deposit form, available under the list of Landlord Forms, explains if any of the tenant's security deposit is withheld and the reason(s) why.
Termination of Tenancy
"Article 3. Termination of Tenancy" provides that a tenancy will terminate at the end of each year unless written permission is given regarding how long the tenant may stay past the expiration of the tenancy. In the case of month-to-month tenancy, either the landlord or the tenant must give 10 days notice. If the tenant fails to surrender the premises at the end of a tenancy, the landlord may initiate remedies provided to landlords under Article 4, including forcible entry and detainer. First, the landlord will want to deliver a written notice after the rent is five days past due, which demands payment of rent and explains that the landlord will seek restitution of the premises. Arizona 33-1368(B) states that "A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action according to section 33-1377."
Arizona Forcible Entry and Detainer
The specific obligations of tenants are described in the Arizona Landlord-Tenant Laws in "Article 3. Tenant Obligations." Should any tenant of a residence fail to comply with the tenant obligations or otherwise violates the terms of the lease, an action of Forcible Entry and Detainer may be filed against the tenant, which will force the tenant out, permitting the property owner or landlord to the recovery of possession of the premises. Arizona Landlord-Tenant Laws, "Article 4. Forcible Entry and Detainer," defines forcible entry and detainer acts that constitute the tenant's charge and rights when a forcible entry and detainer action is filed, as well as remedies provided. Once an action is filed, the hearing is held between five and thirty days after the action was filed.
Article 4. 12-1178(A) provides that "If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution." If a tenant refuses to vacate when ordered, the tenant may also face charges of criminal trespass in the third degree, according to section 13-1502. If the tenant is found not guilty in a forcible detainer action, the landlord is assessed damages, tenants' attorney fees, court costs, and any other relevant costs.
Miscellaneous Arizona Landlord Tenant Law notes
Names and addresses: Every Arizona property owner must disclose to the tenant the names and addresses of any party authorized to manage the property or otherwise act on behalf of the owner at the beginning of the tenancy under § 33-1322. Disclosure and Tender of Written Rental Agreement. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following:
1. The person authorized to manage the premises.
2. An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and to receive and receipt for notices and demands § 33-1310. General definitions – define general terms related to the content of Arizona Landlord Tenant Law Article 2. Landlord Obligations – explains all landlord obligations under the Landlord-Tenant Act, including supplying tenant with possession of the premises, maintaining fit premises, and limitations of liability. Article 3. Tenant Obligations – Gives all details regarding tenant responsibilities throughout the tenancy. § 33-1343. Access – specifies the right of access, that the landlord must not abuse the right of access and that "Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of the landlord's intent to enter and enter only at reasonable times." Disclosure of the Arizona Residential Landlord and Tenant Act – The property owner or landlord must provide a written notice that advises the tenant that the Landlord-Tenant Act is available "on the Arizona Department of housing's website" at or before the beginning of the tenancy. § 33-1318. Early termination by tenant for domestic violence; conditions; lock replacement; access refusal; treble damages; immunity – explains tenant rights and responsibilities regarding any complaint or court action regarding tenant being a victim of domestic violence during a tenancy. § 33-1370. Abandonment; notice; remedies; personal property; definition – defines the details that constitute abandonment of the property by a tenant, a process that a landlord can regain the property after abandonment and disposition of the tenant's possessions and belongings. Bedbug Notice – 33-1319. Bedbug control; landlord and tenant obligations; definitions – govern the obligations of an Arizona landlord regarding bedbug infestations. Arizona Residential Landlord Tenant Act – Revised September 2013 (PDF) is the most recent version of the complete act. Arizona Mobile Home Parks Residential Landlord And Tenant Act – Arizona Revised
Updated on 2022-06-07 21:33:49 by larry coleman