Yes, with one exception. The LL/T Act applies "to the rental of dwelling units." Your house is a dwelling unit and, therefore, the Act applies to you and your house, which means that all the requirements of the LL/T apply to any tenant renting a room. In the case of a person renting a room and having access to common areas (i.e., kitchen, bathroom, living room, etc.), the LL/T Act refers to that tenant as a "roomer" (see ARS Sec. 33-1310(13): " 'Roomer' means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink." The only distinction in the Act between a roomer and a tenant appears in ARS Sec. 33-1314(D): "Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month." There are no other distinctions. Therefore, you must treat the roomer as you would any other tenant, with the sole exception being that if the roomer pays rent weekly and you wish to terminate the roomer’s week-to-week tenancy, then you only have to give ten days notice (see ARS Section 33-1375(A)), rather than thirty days notice (see ARS Section 33-1375(B)).
I'm very happy to find your blog, and have a situation to share with you. My husband and I rent a home, and are caretakers for my disabled mom. We also collect the rent and make minor repairs on a small guest house for the owner of the property. The owner rented the guest house to a single male in his late 30's, initially on 6 mos lease, but is now month-to-month. The tenant has been in residence for 8 mos. All utilities are covered with rent, including electricity. We have had issue with the tenant running A/C unit(s) while having doors and windows open. Have also had issue with him about not keeping the dwelling clean and removing trash, throwing boxes and garbage bags behind the building instead of taking to curb in receptacle. We have talked with him about these things but he mostly has ignored - except when he needed the stripping replaced on his shower door, and my husband refused to make the repair until he cleaned the bathroom which smelled of urine and feces. The entire house looked as if it had not been cleaned since he moved in. Last month tenant complained that the carpets were making him sick and demanded that they be replaced. The carpets are only a couple years old, and they were professionally cleaned prior to the tenant moving in. We provided him with a vacuum, but he does not use it because he says he has severe allergies and it doesn't have a hepa filter. Owner did not want to replace carpets, but offered to have them professionally cleaned again. Tenant refused cleaning, and instead offered to remove the carpeting himself, and "paint/finish" the cement flooring underneath. He said he knew how to do this, and would do all the work himself for free, only asking the owner to pay for paint and supplies. Owner agreed. Tenant tore up carpet and threw outside. The owner furnished the paint and supplies he asked for, but days into the project the tenant said he could not finish. He said it would entail his having to live somewhere else for several days, while floor dries from "dangerous" epoxy fumes, and he has no where to go. So he demanded again that the owner put in new carpet, but now also wanted new tile in bath and kitchen, and wanted to expand small bath by knocking out wall between bath and walk-in closet. This property is up for sale, and the owner does not want to put any more money into renovations. He gave tenant 30-day notice to vacate - which was hand delivered by my husband a few days ago. Now the tenant is sending us offensive threatening emails, saying he is going to sue us and the owner. He claims he is being forced to live in unhealthy conditions. He even called the police and city code officer out yesterday to "witness" his "inhumane" living conditions, and says we are responsible to make the renovations he is demanding. He's the one who ripped the carpet out and doesn't clean after himself. I have read some of the AZ Landlord/Tenant Rules, and as far as I can determine, since he is a verbal month-to-month, either party can terminate rental agreement, with 30-day notice, and no reason needed? The owner is not concerned, and says he has dealt with this type of person before. I, however, think this guy might have some serious mental problems, and I am feeling personally threatened by his speech and behavior. My mom is very uncomfortable with his living near us too. He's a big guy (6 ft+ 300 lbs), and besides sending the daily offensive email messages, he is also blasting heavy music really loud at late hours, every day he is constantly slamming his truck doors and house doors, many times while shouting obscure but directed obscenities. He is still running A/C(s)(and now heat) with all the doors and windows open(even while he is away), and when he does leave the property he peels out of the shared driveway throwing gravel back toward the house and vehicles. I don't relish the thought of having to put up with his behavior for the next month, especially as it seems to be escalating. Is there something I can do to stop this? Thanks again for your excellent blog.
Response by Carlton C. Casler: Video his behavior. Video his unsafe acts (i.e., reckless driving on the property) and his communications with you. Use a video camera or smartphone with video capability. Serve him with a 5-Day health & safety notice and serve him with a notice of immediate and irreparable breach based on the serious property damage he did to the property.
Posted by: L. Luckman | November 29, 2012 at 02:32 PM
It’s good as your other blog posts, thank you for putting up.
Posted by: Thomas kevin | October 16, 2012 at 11:36 PM