Landlords should routinely inspect and monitor the condition
of their rental property during a tenant’s lease. Failure to
do so could result in the landlord finding the rental premises
in a damaged condition above and beyond any refundable
security deposits being held pursuant to the rental contract.
The Arizona Residential Landlord and Tenant Act (ARLTA)
addresses this issue, and landlords would be well advised to
take advantage of it.
When renting, the landlord always should conduct a
walk-through inspection with the resident both before leasing
the unit and after the lease expires.
All leases
signed after January 1, 1997 require the resident to complete
a walk-through report and be present at the move-out
inspection. This is true whether the renter is first
occupying the premises or entering into a lease renewal of an
existing rental agreement.
A move-in inspection documents the condition of the rental
unit so that the new resident isn’t charged for existing
damage. The procedure also enables the landlord to charge the
renter for any new damage caused during his or her occupancy
of the premises, less any normal wear and tear.
Ideally the landlord should participate in both the
move-in and move-out inspection with the resident so both
parties can agree on the condition of the property. Always
have the resident sign and date the inspection form.
Once the lease is finalized and the tenant has moved in, the
landlord should periodically enter and inspect the premises to
check for such things as property damage, unauthorized
occupants or pets, or alterations done without the landlord’s
consent. The Arizona Residential Landlord and Tenant Act
allows access under A.R.S. § 33-1343 and states in part:
A.R.S.
§ 33-1343. Access
A.
The tenant
shall not unreasonable withhold consent to the landlord to
enter into the dwelling unit in order to inspect the premises,
make necessary or agreed repairs, supply necessary or agreed
services, or exhibit the dwelling unit to prospective or
actual purchases, tenants, workmen or contractors.
B.
The landlord
may enter the dwelling unit without consent of the tenant in
case of emergency.
C.
The landlord
shall not abuse the right to access or use it to harass the
tenant. Except in case of emergency or if it is impractical
to do so, the landlord shall give the tenant at least two
days’ notice of his intent to enter and enter only a
reasonable times.”
So long as
the landlord is not abusing its right of entry and is entering
for a legitimate purpose, such as listed above, the tenant
cannot refuse entry. The landlord must, under normal
circumstances, give prior notice. The landlord should take a
witness along as well as a camera to photograph any damages or
lease violations found. The witness can further substantiate
the interior conditions as well as testify that the landlord
did not cause any damage or theft of the tenant’s
possessions. What is an abuse of access is always subjective
but inspections every few months would be reasonable. The
resident should be also told in the access notice that failure
to allow entry could be grounds to terminate their lease and
evict them or get a court order allowing entry.
If the renter does not request to be present at the move-out,
the landlord has no obligation to advise the resident of the
inspection date and time. Additionally, the person has no
right to schedule the walk-through at his or her convenience.
If the resident is present during the inspection, request
that he or she sign and date the move-out form. If the person
refuses, simply note that, “The tenant was present and refused
to sign this form.”
The resident is not responsible for normal wear and tear to
the rental unit at move-out. Unfortunately, there is no clear
definition or standard as to what is “normal wear and tear”.
It is subjective and based on such factors as: the age and
condition of the property at move-in; the length of time the
resident lived in the unit; and the number of occupants,
including pets.
If the landlord finds damages beyond normal wear and tear,
take the following steps:
-
Document
and date the damage with photographs or videotape. The
evidence can be decisive if the matter goes to court.
-
Have
several witnesses who can attest to the condition of the
rental unit before the resident moved in and after the
person vacated the premises.
ANDREW M.
HULL
Attorney at Law
301 East Bethany Home Road, Suite 295-C
Phoenix, Arizona 85012-1266
602-230-0088
Fax 230-7421
