New Property Management/Leasing Forms

Posted on August 1, 2013 by Lisa A Suarez

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The Arizona Residential Landlord and Tenant Act (ARLTA) regulates the rights of tenants and obligations of landlords in the rental of dwelling units. Many protections are provided to tenants in the ARLTA. Especially critical are those statutes that ensure property managers are in compliance when it comes to delivering the proper notices to tenants. Continuing to provide essential tools in risk management, the Arizona Association of REALTORS® (AAR) introduces five new property management forms that better enable property managers to comply with their statutory obligations.

The Notice of Abandonment informs the tenant that the landlord considers the premises to be abandoned. This form outlines the differences between abandonment “with personal property” and abandonment “without personal property”. In addition, the form provides a specific timeline and step-by-step instructions a landlord may follow to regain possession of the premises, including changing door locks, taking inventory and disposing of personal property. A.R.S. § 33-1370 requires the landlord to send this notice via certified mail, as well as post the notice on the door or other conspicuous place on the property for a period of five days.

The Notice of Nonrenewal of Lease Agreement provides the tenant proper notice that the lease will not renew and the tenant must vacate the premises. If the AAR Residential Lease Agreement is used, it is essential for the landlord to provide notice of their desire not to renew on, or prior to, the last rental due date of the original lease term. The form may also be used to provide proper 30-day notice to terminate a month-to-month tenancy. In addition, this form includes a helpful provision explaining that the tenant may not use the security deposit as last month’s rent, but must pay rent through the term of the lease agreement.

The Notice of 2-Day Access provides notice to the tenant of the landlord’s intent to enter the rental unit for the purpose of inspecting the premises, making necessary or agreed repairs, improvements or services, or showing the property to prospective purchasers, mortgagees, tenants, workmen or contractors. In case of an emergency, the landlord may enter the property without the prior consent of the tenant.

The Notice to Tenant of Management Termination is useful in providing the tenant with proper notice that the property management company will no longer manage the property the tenant is leasing. The form allows the management company to provide instructions on where to direct future rents, notices, payments of any kind and repair requests. The transfer, or return, of the security deposit may also be noted in this form. This includes details on how the security deposit will be handled if the leased premises are subject to a foreclosure.

The Statement of Disposition of Deposits and Accounting allows the landlord the opportunity to provide to the tenant a detailed accounting of the charges or deductions attributable to the tenant’s security deposit, whether refundable or non-refundable, and whether a judgment has been obtained.  Line one stipulates the date of “termination of tenancy” and “delivery of possession”, which are critical.  Within 14 days of that date, excluding Saturdays, Sundays or other legal holidays, the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant.  In the event the tenant owes a balance to the landlord, the form contains a demand for payment and provides notice that this is an attempt to collect a debt.

The AAR Property Management Ancillary Forms committee did an excellent job in the creation of these forms. Each form is user-friendly and easy to read and implement. We hope you find the forms helpful in applying the applicable landlord/­tenant statutes set forth in the ARLTA.

NOTE: Along with the author of this article, Lisa Suarez, who served as the chair of this forms workgroup, AAR would like to thank the other workgroup members: Sue Flucke, Jeff Hockett, Jacquie Kellogg, Mike Mumford, Alberta Shantz and Brad Snyder, along with AAR staff Scott Drucker, Christina Smalls and Jan Steward.

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