Arizona Complaint - Damages for Wrongful Termination of Lease

State:
Multi-State
Control #:
US-03273BG
Format:
Word; 
Rich Text
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Description

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

33-1321 - Security deposits. A. A landlord shall not demand or receive security, however denominated, including prepaid rent in an amount or value of more than one and one-half month's rent.

Within 14 days (excluding weekends and holidays) after the tenant has moved out and the landlord has received the tenant's Request for Return of Security Deposit, the landlord must provide the tenant with an itemized list of all the charges (if any) that the landlord intends to deduct from the security deposit as well ...

The statute of limitations "clock" starts running on the day the property damage occurs. That means an Arizona property owner has two years from that date to get any civil lawsuit filed against the person who caused the damage or destruction.

As documented in ARS 33-1324, the landlord is required to maintain fit premises. Among other requirements, the landlord must: 1. Comply with the requirements of applicable building codes materially affecting health and safety.

In Arizona, a commercial landlord has a duty to mitigate its damages after a tenant abandons the premises. This obligation requires the landlord to take reasonable steps to put in place a replacement tenant as soon as possible so that its damages cease to accrue, or at least are decreased.

If rent is unpaid when due and the tenant fails to pay rent within seven days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.

The duty to mitigate refers to a party's obligation to make reasonable efforts to limit the harm they suffer from another party's actions. Parties have a duty to mitigate in both torts and breaches of contracts.

If the landlord deliberately or negligently fails to provide running water, gas or electrical service, reasonable amount of hot water, heat, air conditioning or cooling (where units are installed), or essential services, the tenant can ask the court for a return of part of the rent the tenant paid.

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Arizona Complaint - Damages for Wrongful Termination of Lease