Arizona Residential Lease for Investors and Landlords
By Investor
Please note, anything on this site does NOT represent legal advice. You should consult a licensed attorney before signing any documents (or sending them out to clients).
What sections are important for an Arizona Residential Lease?
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Note: This is written from the Landlords perspective
Here is a quick list of the main components of a residential lease for Arizona:
The Date the agreement goes into force and the amount of monthly rent
The two parties, who is the Landlord and who is the Tenant, and where they are located
How long non-tenants can stay in the property before they become tenants and need approval from the Landlord. This is to prevent one person from signing a lease, and sub-letting to others whom you have no recourse. Typically this is a week long
Pets - this is always an issue with Tenants, what kind of pets and where you can keep them. Cats especially are always damaging to a property (you cannot carpet clean cat urine completely), so you need to protect the investment
Parking - what is provided and how many vehicles they can have. Watch out for tenants with 20 cars, always difficult
Is it furnished or un-furnished (Vacation rental or just a normal rental?)
Quiet - the tenant should expect to not be a loud annoying person
Improvements - they must have written permission from the Landlord to do anything to the property. Things like Painting, wall paper, altering walls, waterbeds (if that’s still a thing), electrical changes, antennas, and signage.
Insurance - the amounts and coverage needed for the property. Also make sure the Landlord is listed as a insured party.
Attorney fees - if there is an issue and someone sues, who is responsible to pay the fees
The location of law, this should be in the Landlords area
Amendments, the lease should be amendable in case something should be changed
Assignment - the tenant cannot assign this lease to someone else without permission (so they can’t get out of it without the Landlord knowing)
Damage - that the tenant is responsible for any damages to the property, and any of their visitors. This also applies if there is any normal wear and tear issues that the Landlord should take care of. The tenant must notify in a reasonable amount of time.
The tenant cannot do anything illegal with or on the property and abide by all laws
If the tenant is not on the property for over x amount of days, what happens? Do they need an inspection? Are they required to have someone check on the place periodically?
The end of the lease, the tenant will give up the property (surrender) and leave it in good condition. A walk through inspection at the beginning of the least is a must to prove any issues that pop up.
The tenant should not add any undue stress to the property, mainly on electrical systems, water, etc. This is to prevent tenants from running some sort of operation from the property.
Lead warning if needed - property was built before 1978?
Address and phone number to report any issues or concerns
What currency that your rent should be in, most likely USD
Tenants cannot change the locks unless agreed to in writing and providing a key to the Landlord
Tenants are charged is the check bounces for any reason
Landlords are indemnified from any liability resulting from this lease
Who is responsible for anyone at the property, repairmen, guests, etc. Typically this is the tenant since the Landlord has no control when people are on the property.
The Landlord is allow to display a for rent or sale sign at a certain point at the end of the lease.
To wrap it up is the signature fields, with a witness for each part. This should be signed in the proper corporate format, which can become an issue down the road if the Tenant is unable to pay rent, the business is liable if signed properly, and typically not the person. Consult an attorney for the correct signature components!