When completing routine inspections concerns can be raised on how the tenant is maintaining or respecting the property. We will provide you our report and findings via a PDF report. When a tenant is failing to maintain the property we can send a notice to cure the issue or issues.
Please keep in mind these are not move-out inspections. Please do not fixate on cosmetic damages or minor concerns. Focus only on egregious issues that affect the property’s health and safety. If you conduct your own inspection, photograph any concerns and share them with us. Further immediate action may only be taken for failures to maintain the premises as it relates to health and safety; IE: the tenant has failed to reasonably maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises. If these concerns are present we will issue a 14-day cure notice as required by the Arizona Residential Landlord and Tenant Act and then follow up to confirm compliance; if the tenant fails to cure, our lease allows us to:
- Complete the work and bill the tenant,
- Document the issues and charge the security deposit at move-out, or
- Pursue lease termination, if warranted.
Keep in mind regarding cosmetic concerns and/or imperfections, etc. although these items can be notated for the file and the tenant notified of the concerns; they cannot be repaired or charged to the tenant until they have terminated their tenancy and vacated thus allowing for a disposition of deposit to be executed and a legal claim against any deposit held can be assessed.
If there is a health and safety issue and we wish the issue to be resolved but keep the tenant:
The Arizona Landlord Tenant Act ARS 33-1369 requires us to provide the tenant a 14 day period to cure the issue. We send the notice and follow up after the 14 day period to confirm or deny if the issues were resolved. If they fail to cure the issue our lease allows us to have the work performed and bill the tenant thereafter or simply notate the issues and bill the tenant upon vacating via their security deposit. This applies if the tenant has failed to reasonably maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises that affect health and safety.
CLICK HERE FOR A SAMPLE 14 DAY NOTICE
If you have grounds to terminate the tenant all together:
- 10-Day Notice to Cure or Quit: When a tenant violates the lease or rental agreement (or provides false information in their rental application), the landlord can give the tenant a 10-day notice to cure. The notice must state that the tenant has 10 days to fix the violation or move out. If the tenant moves out without fixing the violation, the landlord can use the security deposit to cover any damage caused by the tenant (and sue for any damage that is more than the security deposit). If the tenant doesn't move out or fix the violation by the deadline, the landlord can file an eviction lawsuit. (Ariz. Rev. Stat. § 33-1368(A) (2022).)
- 5-Day Notice to Cure or Quit: When a tenant violates the lease or rental agreement as it regards to health or safety, the landlord can give the tenant a 5-day notice to cure. The notice must state that the tenant has 5 days to fix the violation or move out. If the tenant moves out without fixing the violation, the landlord can use the security deposit to cover any damage caused by the tenant (and sue for any damage that is more than the security deposit). If the tenant doesn't move out or fix the violation by the deadline, the landlord can file an eviction lawsuit. (Ariz. Rev. Stat. § 33-1368(A) (2022).
If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred.
- 10-Day Unconditional Quit Notice: If the tenant violates the lease or rental agreement a second time during the tenancy, or lies about their criminal record on their application, the landlord doesn't have to give the tenant a chance to fix the violation. Instead, the landlord can give the tenant a notice that describes the violation and informs the tenant that they have 10 days to move out. If the tenant doesn't move out by the deadline, the landlord can file an eviction lawsuit. (Ariz. Rev. Stat. § 33-1368(A) (2022).
CLICK HERE FOR A SAMPLE 10 DAY NOTICE
CLICK HERE FOR A SAMPLE 5 DAY NOTICE
CLICK HERE FOR A SAMPLE 2nd BREACH 10 DAY NOTICE
- Unconditional Quit Notice: In some instances, the landlord can give the tenant a notice requiring the tenant to move out immediately. There must be a breach that is "both material and irreparable and that occurs on the premises." Some actions that might constitute such a breach include:
- discharge of a weapon
- homicide
- prostitution
- criminal street gang activity
- use or sale of illegal drugs, and
- assaults or acts that threaten harm to others.
(Ariz. Rev. Stat. § 33-1368(A) (2022).
CLICK HERE FOR A SAMPLE IMMEDIATE TERMINATION NOTICE
Notice of Termination Without Cause in Arizona
Unless a landlord has cause to terminate a tenancy early, the landlord can't make the tenant move out before the end of the lease or rental agreement. Whether the landlord has to give the tenant notice that the tenancy won't be renewed depends on the type of tenancy.
Ending a Fixed-Term Lease Without Cause
When a tenant has a fixed-term lease, such as for six months or one year, the landlord can't make the tenant move out until the term has ended. The landlord should provide a 30 day notice to terminate (given on the 1st of the month or sooner prior to the expiration).
Ending a Month-to-Month Rental Agreement Without Cause
To end a month-to-month tenancy in Arizona, the landlord must give the tenant at least 30 days' written notice. The notice must inform the tenant that the tenancy will be ending in 30 days and the tenant must move out of the rental unit by then. If the tenant doesn't move out by the end date stated in the notice, the landlord can file an eviction lawsuit against the tenant. (Ariz. Rev. Stat. § 33-1375 (2022).)
Delivery of the Notice Terminating the Tenancy
Arizona law requires landlords to deliver the written notice terminating the tenancy by:
- personally handing it to the tenant
- mailing it by registered or certified mail to the tenant at the address designated in the lease or rental agreement, or
- mailing it by registered or certified mail to the tenant at the tenant's last-known residence.
When the notice is mailed, the number of days to comply with the notice begins to run either on the date the tenant actually receives the notice or five days after the notice is mailed—whichever occurs first. (Ariz. Rev. Stat. § 33-1313 (2022).)
The landlord can file an eviction lawsuit on the day after the deadline given in the notice.
Any additional questions?
Shoot us an email: info@OpulentRE.com
