This office lease clause is describes the self-help right that can be exercised only after a long term notice in an emergency, as well as in a non-emergency. The tenant needs to illustrate rationale and the underlying basis for a utilization of self-help as well as the reasonableness of the charges for which the tenant is seeking reimbursement.
Arizona Tenant Self-Help Clause
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US-OL1003
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FAQ
Early Termination and Eviction ing to the Arizona Landlord and Tenant Act (§33-1318), a tenant can terminate the lease early in the following cases: Domestic violence. Unhabitable housing conditions. Access Refusal.
The following are some of the legally justifiable reasons to deduct part or all of your tenant's deposit: Tenant's failure to pay utilities. A tenant must clear all utility bills in their name before moving out. ... Cleaning cost. ... Damage exceeding normal wear and tear. ... Unpaid rent. ... Early lease termination.
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.
33-1313 Notice A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists.
A.R.S. § 33-1363, the "self-help" clause, permits you either to sue the owner for monetary damages if repairs are not done, or to do them yourself, deducting the cost out of the next month's rent.
B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.
How much may a security deposit be? Under Arizona law, a landlord may ask for a security deposit up to an amount that is equal to 1 + ½ month's rent (A.R.S. §33-1321(A)). A landlord may not ask for more than this.
