With an Arizona month-to-month rental agreement, property owners and lessees establish both parties' obligations and rights during the tenancy.
However, this document doesn't have an end date and is usually indefinite but temporary. Therefore, it remains active until either the landlord or the tenant gives the notice to end the lease.
If you need to draft this written contract to rent out a property in this state, read on! Here are the essential details you need to know to make it legal.
How Do They Work in Arizona?
This contract grants all parties full rights under the Arizona landlord-tenant law. In addition, it outlines their duties, including when to pay rent or the security deposit and how to keep the premises in excellent condition.
Unlike other rental estate contracts, a month-to-month lease agreement remains active until either the landlord or the lessee delivers a termination notice to the other party.
What Landlords Should Include
An Arizona month-to-month lease agreement is legally binding. Therefore, when drafting this document, landlords must include the following disclosures:
- Fees: Arizona landlords must disclose all non-refundable fees in this written document.
- Bed Bugs: Property owners should provide tenants with educational material on how to handle and prevent bed bugs.
- Landlord-Tenant Act: The document should disclose that tenants can find the Arizona Residential Landlord and Tenant Act on the Department of Housing website.
- Lead-based Paint Disclosure: Under federal law, landlords are required to inform tenants about the presence of this toxic paint if the property was built before 1978.
- Move-in/Move-out Condition Checklist: Tenants should fill out this checklist when moving into the unit. Landlords can cross-check it when the tenancy ends.
- Pool Safety Notice: Landlords must explain to tenants their responsibilities regarding pool safety if there's a pool on the property.
- Name and Addresses: Tenants must be informed about property owners' and managers' names and addresses before the tenancy begins.
- Taxes: Landlords can adjust the rent if the municipality charges or increases the unit's transaction privilege tax and duly inform tenants.
- Utility Charges: Landlords must state if they would charge separate fees for waste, wastewater, water, solid waste removal, and electricity services.
How Much Notice Must Landlords Provide?
In Arizona, when landlords or tenants want to terminate the month-to-month lease, they must provide at least a 30 days' notice to the other party. That's the minimum termination notice in this state.
How Can Landlords Evict Month-to-month Tenants?
When the property owner serves proper notice and that period elapses, the lease expires. Therefore, if tenants remain in the rental unit, landlords can evict them by filing a complaint with a county court.
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Should I Provide a Notice to Increase Rent in Arizona?
Yes! Arizona law establishes that landlords must provide a 30 days' notice in order to raise the rent.
What Are the Notice Delivery Requirements?
In this state, landlords must deliver the notice in person or through registered or certified mail.
How Long Does the Eviction Process Take in Arizona?
Evicting tenants in Arizona can take from one to six weeks, depending on the circumstances.
Can I customize my own form or agreement?
Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.