Arizona Landlord Tenant Blog

Are there any laws that address the issue of a rental property going into foreclosure?

Yes. The Arizona Residential Landlord and Tenant Act was amended in July 2010 and a new statute was added – A.R.S. Section 33-1331. In short, the statute says that if a rental property is already in foreclosure, then the landlord must inform the tenant of this fact before the landlord enters into a new rental agreement with the tenant. Under this new statute, it is clear that the landlord must disclose the foreclosure before entering into a new fixed term lease with a tenant. That would apply to a brand new tenant (whether that tenant is signing a new fixed term lease or a new month-to-month lease) AND to an existing tenant who will be signing a new fixed term lease. What is not clear is whether it applies to a month-to-month agreement that existed before July 2010 (when the statute became effective), which renews automatically each month (until/unless canceled by one of the parties) and that continues to renew automatically after July 2010. Similarly, it is also unclear whether it applies to a fixed term lease that began before July 2010, but has expired (either before or after July 2010) and now continues on a month-to-month basis.

Is there an Arizona law that states how often a landlord must paint and/or replace carpet or that the landlord must do these things after a tenant vacates and before a new tenant moves in?

No. The Act requires: "The landlord shall:... (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." (See ARS Sec. 33-1324(A)(2)). But the Act does not require the landlord to: (1) paint the walls, (2) replace or clean the carpet, (3) sanitize the kitchen or bathrooms or (4) change the locks, before renting to a new tenant or at specific intervals. Naturally, the landlord may do all or some of those things, but the Act does not require it.