A residential lease agreement in Tucson is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Residential Lease Agreement Requirements in Tucson
Tucson has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants in Tucson follow Arizona’s requirements for lease agreements.
Landlord-Tenant Rights and Regulations in Tucson
When it comes to landlord-tenant rights, Tucson landlords should be aware of the following:
Housing Discrimination
Tucson City Council voted to ban source of income discrimination. Now, landlords in Tucson cannot turn away prospective tenants due to Section 8 housing vouchers or other forms of rental assistance.
Optional Lease Agreement Disclosures and Addendums in Tucson
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Crime and Drug-Free Addendum
Due to the high crime rate in Tucson, it would be in the landlord’s best interest to include an addendum stating that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Fire Safety Disclosure
Due to Arizona being one of the top 5 states for wildfire risk, landlords may want to include a fire safety disclosure in the lease agreement. This should provide information relating to smoke detectors, fire sprinklers, fire safety systems, alarms, and evacuation plans.
Parking Rules Addendum
Since Tucson is primarily a driving city, landlords may want to include a parking rules addendum to clearly outline the building’s parking policy. This should include information on assigned parking spots, street parking rules, and any prohibited uses of the parking space.
Summary of Required Lease Disclosures for the State of Arizona
- Landlord’s Name and Address – Landlords, owners, or anyone who acts on the landlord’s behalf must provide their name and address to the tenant (in writing).
- Move-In Checklist – Arizona requires landlords to provide a move-in checklist (with a signed copy of the lease) upon renting the property.
- Residential Landlord-Tenant Act – In Arizona, the landlord must inform the tenant that they can locate the Arizona Residential Landlord and Tenant Act on the Arizona Department of Health website.
- Shared Utilities Arrangement – When multiple units share a master meter for the whole property, the landlord may charge separately for utilities.
- Bed Bugs – This disclosure protects against the contraction and spread of bed bugs. Landlords may not rent out a unit with an active infestation. They also must provide educational materials and include a bed bug section in the lease.
- Rent Adjustments – If taxes increase on residential rent, a landlord may increase the rent by the same figure for a current lease (with a rent adjustment disclosure). This rent increase requires 30 days’ notice and may not begin until the new tax comes into effect.
- Non-Refundable Fees – If a landlord charges non-refundable fees (i.e., for pets or access to amenities), they must state them as nonrefundable in the lease. Otherwise, they are subject to a refund upon termination of the lease.
- Pool Enclosure Disclosure – For properties with a pool, an enclosure must surround the swimming area. Any lease agreement with pool access should contain an educational safety notice regarding the use and maintenance of the pool.
- Security Deposit Collections – When collecting a security deposit, landlords must provide a blank move-in checklist, a signed lease agreement, and a notice that the tenant may be present at the move-out inspection.
- Lead-Based Paint Disclosure – It is a federal law in the United States that any home built before 1978 must disclose the risks posed by lead-based paints.
Sources
- 1 Tucson Municipal Code Sec. 17-52
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it shall be a violation of this article…To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of…source of income.
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