Forms (FREE)

The following FREE forms are available from the Casler Law Office, PLLC: www.CaslerLawOffice.com

LANDLORD FORMS:

• FORM 1 - Notice of immediate termination for material and irreparable breach
• FORM 2 - 5-Day notice to pay or quit for failure to pay rent
• FORM 3 - 5-Day notice of termination for noncompliance materially affecting health and safety
• FORM 4 - 10-Day notice of termination for material noncompliance
• FORM 5 - Notice of termination of tenancy
• FORM 6 - Agreement to accept a partial payment
• FORM 7 - Disposition of deposits
• FORM 8 - Notice of abandonment

TENANT FORMS:

• FORM 1 - Notice to terminate tenancy
• FORM 2 - 5-Day notice for noncompliance materially affecting health and safety
• FORM 3 - 10-Day notice for material noncompliance
• FORM 4 - Notice of termination, or rent reduction, because of damage due to fire or casualty
• FORM 5 - Notice of intent to effect repairs
• FORM 6 - Notice of wrongful failure to provide essential services

Go to: www.CaslerLawOffice.com for any of the foregoing forms.

Go to: www.ConsumerLawBooks.com to purchase: blank forms, with instructions, sample/completed form, and a formatted blank form that you may download and then fill-out on-screen and print out.

Comments

[Vicky]

We rented a home from a lady and just found out she does not own the home but her mother does. Should we be paying the rent to her mother or to her since she signed the lease? We found this out when the mortgage company came over, as the mortgage was not being paid. When we asked for documentation of who owned the home she told us it was none of our business. What should we do?

Response by Carlton C. Casler. For now, pay rent to the person with whom you signed the lease. Look up the owner of the property via the county assessor's records or the county recorder. Contact the owner to verify that the person who signed the lease on the owner's behalf was authorized to do so. If so, continue paying rent. If not, you may wish to contact the county attorney's office, because entering into a lease on behalf of an owner of real property without that owner's authorization is fraudulent conduct (both the property owner AND the tenant have been defrauded). As for the repair issues, look at ARS 33-1324 and 33-1361, and then send the landlord a written notice of material noncompliance. Keep in mind, however, that not every property defect is a "material noncompliance " (i.e., a small hole in the wall, a defective ceiling fan, etc.) and you, as the tenant, can only terminate the rental agreement or have it fixed and deduct the cost thereof from the rent if the problem is a "material noncompliance."

[Zack]

Hi, I have an agreement that states the tenant is responsible for repairing appliances and lists fridge, stove, and washer/dryer. However, there is no adequate consideration along with it, plus it's not in a separate agreement apart from the lease. The fridge is dead after 2 years, and they refuse to repair it. Liability isn't even mentioned should I get injured fixing the stove. I want to give them the 10-day repair notice. Do I have a leg to stand on? (So to speak). Thanks, Zack.

Response by Carlton C. Casler: The Act allows the landlord to transfer this responsibility to the tenant. See A.R.S. Sec. 33-1324. Specifically, for a single family home, the Act allows the landlord to transfer this responsibility in the rental agreement. See A.R.S. Sec. 33-1324(C). For an apartment, the Act allows the landlord to transfer this responsibility to the tenant, but it must be in a written agreement separate from the rental agreement and supported by consideration. See A.R.S. Sec. 33-1324(D). Some other limitations apply for apartments. See A.R.S. Sec. 33-1324(D). Whether or not you, as the tenant, must pay to repair or replace the refrigerator will depend on the specific language of your written rental agreement. The only way to know for sure is to have a lawyer look at your written rental agreement.

As for liability if you get injured trying to repair the refrigerator, the landlord cannot include language that limits their liability for tenant injuries, see A.R.S. Sec. 33-1315(A)(3), but the landlord can (and probably did) include language in the rental agreement that prohibits you from doing and repairs or maintenance without the landlord's prior written approval. Unless you are a refrigerator repairman, it is unlikely that the landlord will permit you to do the repairs.

[KAY]

My husband's job is transfering us out of state. We have no choice in the matter but to go for the sake of his job. Is there a federal or state law that protects us or allows us to break our lease given the circumstances? We have 6 months left in our two year lease. We are paying a few hundred over market value right now and know that he will not rerent it for what we are paying right now. Please advise...

Response by Carlton C. Casler: No, there is no state or federal law that allows you to cancel a lease because of a job transfer. Such a right could be written into the lease, but that rarely happens. Read your lease again to see if there is a "buy out" provision or a "liquidated damages" provision. You may be able to pay a fee and terminate the lease early. If that is not an option, then contact the landlord and see if he will allow you to pay some amount in exchange for termination of the lease. If he does not agree (and the law does not require him to agree), then you are responsible for rent until the end of the lease term. If you move out, leave it clean and deliver the keys to the landlord, then the landlord must take "reasonable steps" to re-rent the property. If he takes "no steps," then he has failed to mitigate his damages, which he must do under the law and his failure to mitigate his damages may be a defense to his claim against you, if he files a lawsuit against you to recover due and unpaid rent.

[Christa P]

I own a Vacation rental. My tenant signed a 3 month lease agreement for my rental property. A month and 1/2 into the agreement, her work contract came to an end and she wanted to leave. She just called me and said she was moving back home (out of the state). I told her that she signed a contract and she had to pay July and Aug Rent. I told her I would do my best to get the place re-rented and hopefully be able to prorate her rent.

I did get it rented. I did Charge her $80.00 service fee to get the place rented again. She is being really rude to me and saying I am being unfair for charging that $80.00 fee. Her emailing are starting to get really mean.

Here is my question: I was thinking about canceling the check I sent out. I did get the place rented. Do I have to pay her back for the rent? I owe her 10 days worth of rent. $430.00. I was been kind but now she is getting really nasty with me.

Look forward to hearing back from you!

Response from Carlton C. Casler: The tenant signed a binding contract; she is financially responsible for all the rent until the end of the lease term. If a tenant notifies you that the tenant will be breaching the lease (as in your case), then the landlord has a duty to mitigate damages, which means that you must take "reasonable steps" to re-rent the property. The tenant must pay: all the rent due under the contract, plus any fees/expenses you incur to re-rent the rental unit (including ads, commissions, etc.), MINUS any rent you collect from a replacement tenant (i.e., any rent paid by the new tenant for any portion of the rental contract for the former tenant). As applied to your case, provided the $80 fee was incurred to re-rent the rental unit, then you are entitled to collect that fee from the tenant. You MUST, however, provide the tenant with an "itemized statement of deductions" from the tenant's refundable deposits. Also, you wouldn't be having this problem if your rental agreement addressed this specific issue; you may want to have your rental agreement reviewed or replaced.

[bill]

Prior to taking possession of a commercial premises, is a landlord required to provide a default notice pursuant to a commercial lease in the event a tenant fails to pay rent?

Answer by Carlton Casler: Nothing in the statutes requires a commercial landlord to serve a notice before taking possession (i.e., locking the tenant out) if the tenant is more than five days late paying the rent. The only place a "requirement" would be found is in the written commercial lease. If the lease does not require notice, then no notice is required.

[stephanie]

I just moved into an apt last weekend they had 2 months to fix things and they were not done, now my refrigerator is leaking water inside and the fan freezer is going on and off, i told them when i moved in that the fan stopped, then it started going again, what can I do since they had 2 months to fix things and they are not done.

Response by Carlton C. Casler. Start by downloading the Arizona Residential Landlord and Tenant Act from this site. Look at Sections 33-1324, and 33-1361 to 33-1367. Depending on the nature of the problem, the tenant may have repairs done and deduct the cost from the next month's rent (see ARS Section 33-1363) or terminate the lease and move (see ARS Section 33-1361), BUT you must ensure that you serve the proper WRITTEN notice and give the landlord time to cure (as specified in the statute). If you terminate and move, you can also sue the landlord for your moving expenses.

[JFSPSYD]

I am a small business owner subleasing property to operate my business. My leasor recently told me to fire one of my employees or he would not renew my lease. I have lost business and money secondary to not being allowed to have this employee in my business. The landlord also is degrading and aggressive and has told me several times to "shut up and listen" and that "[I] have no power" reagarding what happens on the aforementioned property. Do I have any recourse? Can I file a formal complaint with someone?

Answer by Carlton Casler: Conceiveably, both you and your employee have a claim for "tortious interference with a contract" against the lessor. Other than that, you are unfortunately at the mercy of the landlord. A commercial landlord can refuse to renew your lease for any reason or no reason. He can be a "jerk" and your only recourse is: (1) move your business or (2) tell him that you will no longer tolerate him speaking to you in that manner, in which case he will not renew your lease and you will then have to move your business.