The following are definitions of important real estate and landlord/tenant terms; listed alphabetically.
A, B
__________
Abandonment - As defined in the Act, "means either the absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the residence or the absence of the tenant for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and none of the tenant’s personal property is in the dwelling unit.” See A.R.S. § 33-1370(H) (West 2007).
Act - Refers to the Arizona Residential Landlord and Tenant Act. The Act is contained in Chapter 10 of Title 33 of the Arizona Revised Statutes, A.R.S. §§ 33-1301 to 33-1381 (West 2007 & Supp. 2007).
Action - As defined in the Act, "includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession." See A.R.S. § 33-1310(1) (West 2007).
Adequate notice - Should be defined in the rental agreement or, if not addressed in the rental agreement, is defined by statute. In short, it is the amount of notice required (by the rental agreement or statute) necessary to be given by a party before certain action is taken (i.e., increase in rent, vacating rental unit, terminating the rental agreement). See, e.g., A.R.S. § 33-1375 (West 2007).
Answer - A pleading filed by a defendant in response to a Complaint or by cross-defendant in response to a cross-claim.
Arizona Attorney General - State governmental office responsible for enforcing state law, including state housing discrimination laws.
Arizona Reports - A legal publication containing written opinions of Arizona courts.
A.R.S. § ##-#### - Refers to Arizona Revised Statutes Annotated, which is properly cited as: Ariz. Rev. Stat. Ann. § ##-#### (West 2007), but for brevity is cited herein as A.R.S. § ##-####, where "##-####" is the specific statute title and section number.
Asset protection - A plan or strategy that shields some, most or all of your assets from liability.
Asset search - A search of public records and records that are not readily available to the public, for the purpose of discovering the location and/or extent of assets and holdings of a person or entity. An asset search is typically ordered from some type of investigative service; the cost ranges from $50 to $250 (more if you want to expand the search to include other counties and/or states).
Building and housing codes - As defined in the Act, "include any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises, or dwelling unit." See A.R.S. § 33-1310(2) (West 2007).
C
__________
Case - A general term for an action, cause, suit, or controversy at law or in equity. A judicial proceeding for the determination of a controversy between parties, wherein rights are enforced or protected, or wrongs are prevented or redressed.
Citations - Reference to legal authorities and precedents, such as constitutions, statutes, reported cases and treatises. Used in arguments to courts, in legal text-books, law review articles, legal briefs, or the like, to establish or fortify the proposition(s) advanced.
Cite - See Citation.
Cleaning deposit - Money belonging to the tenant and held by the landlord to pay for cleaning of the rental unit in the event the tenant does not leave it clean when the tenant vacates the unit at the end of the tenancy.
Complaint - A pleading filed by a plaintiff to initiate a lawsuit (i.e., the document filed by the landlord to initiate a Special Detainer action). See Answer for related reference.
Counterclaim - A pleading filed by a defendant against the plaintiff, asserting a cause of action against the plaintiff that may or may not be related to the factual situation giving rise to the plaintiff's cause of action against the defendant. The counterclaim is filed with the answer.
D
__________
Deposits - See Security, cleaning deposit, or redecorating deposit.
Distraint for rent - Seizure; the act of distraining or making a distress. Normally referring to a landlord seizing the property of a tenant for failure of the tenant to pay rent when due. Distraint for rent is not permitted for residential property subject to the Act.
Dwelling unit - As defined in the Act, "means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. `Dwelling unit' excludes real property used to accommodate a mobile home, unless the mobile home is rented or leased by the landlord." See A.R.S. § 33-1310(4) (West 2007).
E
__________
Et seq. - An abbreviation for et sequentes or et sequentia; means, "and the following." Thus a reference to A.R.S. § 33-1301, et seq., means Section 33-1301 and the following sections.
Eviction - Dispossession by process of law; the act of depriving a person of the possession of land or rental property which he has held or leased. See Special Detainer action.
Exclusions
- As used in A.R.S. § 33-1308, means particular circumstances under which the rental of residential rental property is not subject to the Act.
- As used in connection with an insurance policy, refers to certain conditions or circumstances that are not covered by the policy.
Execution - See Writ of Execution.
F, G, H
__________
Familial Status -
The federal law definition is: “Familial status” mans one or more individuals (who have not attained the age of 18 years) being domiciled with - (1) a parent or another person having legal custody of such individuals or individuals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. 42 U.S.C.A. § 3602 (West 1995).
The state law definition is: In this article, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is: (1) Pregnant, (2) Domiciled with an individual younger than eighteen years of age in regard to whom the person either: (a) Is the parent or legal custodian, (b) Has the written permission of the parent or legal custodian for domicile with that person, (3) In the process of obtaining legal custody of an individual younger than eighteen years of age. A.R.S. § 41-1491.01 (West 2004).
Federal Fair Credit Report Act (FCRA) - Federal law that requires the landlord provide the applicant with an “adverse action notice” if “adverse action” is taken by the landlord against the applicant based on information in the applicant’s “consumer report.” “Adverse action” includes rejection of a tenant application, but “adverse action” also includes requiring a co-signer (or guarantor), payment of a deposit when a deposit is not normally collected, collection of a deposit that is larger than normally collected and/or charging a higher rate of rent because of the information discovered in the “consumer report.” A “consumer report” is a report from any of the major credit bureaus and also includes a report from a tenant screening service or reference checking service. See 15 U.S.C.A. § 1681, et seq. (West 2003 & Supp. 2007).
Federal Fair Debt Collection Practices Act (FDCPA) - Federal law that says a “debt collector” may not harass, oppress, or abuse any person in connection with collecting a debt. A “debt collector” is broadly defined by the FDCPA, but does not include a landlord collecting on the landlord’s own account, but does include an agent (i.e., a collection agent or service or a property manager) acting on behalf of the landlord to collect a debt. A debt collector may not contact any third party regarding a tenant’s failure to pay rent except as necessary to find out the tenant’s current home, telephone number, or place of employment. In communication with any third party, the debt collector may not indicate in any way that the tenant owes a debt (such as past-due rent). The debt collector may not communicate with the tenant at an unusual or inconvenient time or place, or contact the tenant at the tenant’s place of employment. If the debt collector knows the tenant is represented by an attorney, the debt collector may only contact the attorney, unless the attorney gives express permission for the debt collector to contact the tenant directly. A debt collector may not use unfair or unconscionable means in collecting or attempting to collect a debt, including the collection of any amount (such as interest, fees, or expenses) not authorized by the lease agreement or other law. §1692f. Failure to comply with this law may result in a court awarding the tenant damages and reasonable attorney’s fees. See 15 U.S.C. 1692 et seq. (2000).
Five-Day Notice to Pay or Quit - Written notice given by the landlord to the tenant, pursuant to A.R.S. § 33-1368(B), informing the tenant that if s/he does not pay rent that is due within five days, the landlord may terminate the rental agreement and file a Special Detainer action. See A.R.S. § 33-1368(A).
Forcible detainer - Properly called a Special Detainer action when used in connection with an eviction from residential real property. See Special Detainer action.
Garnishment - See Writ of Garnishment.
Guarantee or Guaranty - Refers to a promise by one or more persons to pay or answer for the debt or obligation of another person.
Good faith - As defined in the Act, "means honesty in fact" in the conduct or transaction concerned. See A.R.S. § 33-1310(5) (West 2007).
Homestead - A legal mechanism, creating an artificial estate in land, devised to protect the possession and enjoyment of the owner of the land against the claims of his/her creditors by exempting the property from execution and forced sale, so long as the property is occupied as a home. The Arizona homestead exemption is now automatic and no filing is required. See A.R.S. § 33-1101 (West 2007).
Housing codes - Building and housing codes, as defined in the Act, "include any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises, or dwelling unit." See A.R.S. § 33-1310(2) (West 2007).
HUD - Housing and Urban Development department of the federal government.
I, J, K
__________
Judgment - The official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination.
Judgment creditor - One who has obtained a money judgment against his debtor (or defendant), under which he may enforce execution.
Judgment debtor - One against whom a money judgment has been entered by a court of law.
L
__________
Landlord - As defined in the Act, "means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by § 33-1322." See A.R.S. § 33-1310(6) (West 2007).
Lease - Any agreement that gives rise to a relationship of landlord and tenant (in the case of real property). See rental agreement.
Litigation - A lawsuit; legal action, including all proceedings therein. A contest in a court of law for the purpose of enforcing a right or seeking a remedy.
M, N
__________
Noncompliance - As used in the Act, refers to a failure of the landlord or the tenant to comply with the terms and conditions of the rental agreement, rules and regulations, and/or the Act. See A.R.S. §§ 33-1361, 33-1368 (West 2007).
Nonrefundable fee or charge - A fee paid by a tenant to the landlord, normally at the commencement of the tenancy, that both parties understand will be retained by the landlord at the end of the tenancy. Pursuant to A.R.S. § 33-1321(B), nonrefundable cleaning and redecorating fees or charges must be stated in writing and the purpose thereof disclosed.
Notice
- See Five-Day Notice to Pay or Quit.
- See Five-Day Notice of Termination of Rental Agreement for Noncompliance with Rental Agreement Materially Affecting Health and Safety.
- See Ten-Day Notice of Termination of Rental Agreement for Material Noncompliance with Rental Agreement.
Notice of Immediate Termination of Rental Agreement for Material and Irreparable Breach - Written notice given by landlord to tenant, pursuant to A.R.S. § 33-1368(A), to immediately terminate a tenant's rental agreement if a breach occurs that is both material and irreparable, such as a discharge of a weapon on the premises or infliction of bodily harm on the landlord, his agent or another tenant or involving imminent serious property damage.
Notice Reinstating Time of the Essence - Written notice given by landlord to tenant to inform the tenant that, although the landlord may have waived certain violations and noncompliance in the past, the landlord will require strict compliance with the terms and conditions of the rental agreement and/or the rules and regulations.
Notice to Terminate Tenancy - Written notice given by tenant or landlord to inform the other party that s/he wishes to terminate his/her tenancy.
O
__________
Opinion - When used in connection with a judge’s decision in a case, means the written opinion of the judge outlining the facts and law pertinent to the case and (normally) the judge's reason(s) for deciding the case the way s/he did.
Organization - As defined in the Act, “includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity which is a landlord, owner, manager or constructive agent pursuant to § 33-1322.” See A.R.S. § 33-1310(7) (West 2007).
Owner - As defined in the Act, “means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagee in possession.” See A.R.S. § 33-1310(8) (West 2007).
P
__________
Pacific Reporter - A legal publication that contains written opinions of courts from Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington and Wyoming.
Pay or Quit - See Seven-Day Notice to Pay or Quit.
Person - As defined in the Act, “means an individual or organization.” See A.R.S. § 33-1310(9) (West 2007).
Personal Jurisdiction - The power of a court over the person of a defendant (in personam jurisdiction), in contrast to the jurisdiction of a court over a defendant’s property or his interest therein (in rem jurisdiction).
Post and Mail - A form of service of process, when other forms of service are unavailing, consisting of displaying the documents in a prominent place (i.e., upon the door) and mailing a copy of the notice or pleading (i.e., a Summons and Complaint) to the tenant’s last known address, by certified mail, return receipt requested. See, e.g., A.R.S. § 33-1377(B) (West 2007).
Posting - See Post and Mail.
Precedent - An adjudged case or decision of a court, considered as furnishing an example or authority for an identical or similar case afterwards arising or a similar question of law. A rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases.
Pre-empted - Pre-emption is a doctrine adopted by the United States Supreme Court holding that certain matters are of such a national, as opposed to local, character that federal laws Pre-empt or take precedence over state laws. As such, a state may not pass a law that is inconsistent with a federal law. As applied to landlord/tenant law, federal laws addressing Section 8 housing and Indian Reservations pre-empt the Act.
Premises - As defined in the Act, “means a dwelling unit and the structure of which it is a part and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.” See A.R.S. § 33-1310(10) (West 2007).
Process server - One authorized by the court to deliver service of process.
Promulgated - To publish or proclaim formally (i.e., a law, decree of court, etc.) or to put into operation.
Protected class - refers to a class of persons who are protected from housing discrimination. Protected classes include: race, color, religion, national origin, sex, handicap, or familial status (i.e., because the applicant has children under the age of eighteen).
Public housing - Is more specifically defined in Chapter 12 of Title 36 of the Arizona Revised Statutes Annotated, A.R.S. §§ 36-1401 to -1501 (West 2003 & Supp. 2006), but generally refers to housing that is owned and operated by the government for low income families.
Q, R
__________
Redecorating fee - Money paid by the tenant to the landlord at the commencement of the tenancy (or thereafter) to pay for redecorating of the rental unit (i.e., new paint, new carpet, new drapes, etc.) at the end of the tenancy, to prepare the unit for occupancy by the next tenant.
Remediation - Means action taken to address a contaminant by reducing the level of the contaminant in the environment or preventing or reducing exposure to the contaminant.
Rent - As defined in the Act, “means payments to be made to the landlord in full consideration for the rented premises.” See A.R.S. § 33-1310(11) (West 2007).
Rental agreement - As defined in the Act, “means all agreements, written, oral or implied by law, and valid rules and regulations adopted under § 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.” See A.R.S. § 33-1310(12) (West 2007).
Roomer - As defined in the Act, “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.” See A.R.S. § 33-1310(13) (West 2007).
Rules and regulations - Guidelines established by the landlord that govern the use and occupancy of the leased premises. See A.R.S. § 33-1342 (West 2007).
S, T
__________
Section 8 Housing - The federal housing assistance program that provides rent subsidies for low income families. See Tax Exemption of Obligations of Public Housing Agencies and Related Amendments, 24 C.F.R. §§ 811.101 to -811.110 (1997).
Security - As defined in the Act, “means money or property given to assure payment or performance under a rental agreement. "Security" does not include a reasonable charge for redecorating or cleaning.” See A.R.S. § 33-1310(14) (West 2007). Generally means money or property held by the landlord as security for unpaid rent or damages to the rental unit.
Security deposit - See Security.
Service of Process - Delivery of Summons, Complaint, writ, etc.; signifies delivery to or leaving them with the party to whom or with whom they ought to be delivered or left. The mode of delivery (i.e., personal service, service by mail, service by publication, etc.) may be prescribed by statute or by rule of procedure.
Seven-Day Notice to Pay or Quit - Written notice given by the landlord to the tenant, pursuant to A.R.S. § 33-1368(B), informing the tenant that if s/he does not pay rent that is due within seven days, the landlord may terminate the rental agreement and file a Special Detainer action. Replaced in July 1995 by a Five-Day Notice to Pay or Quit.
Single family residence - As defined in the Act, “means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment nor any other essential facility or service with any other dwelling unit.” See A.R.S. § 33-1310(15) (West 2007).
Special Detainer action - Legal process, brought pursuant to A.R.S. § 33-1377, to evict a tenant from residential rental property.
Statute - An act of the legislature declaring, commanding or prohibiting something; a particular law enacted and established by the will of the legislative department of government.
Summons - Document used to commence a civil action and requiring person named to appear and answer allegations in a pleading (i.e., a Complaint).
Tenant - As defined in the Act, “means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.” See A.R.S. § 33-1310(16) (West 2007).
Term of Lease - As defined in the Act, “means the initial term or any renewal or extension of the written rental agreement currently in effect not including any wrongful holdover period.” See A.R.S. § 33-1310(17) (West 2007).
U, V, W, X, Y, Z
__________
With prejudice - As applied to a judgment of dismissal, means that the dismissal has the same conclusive effect as does an adjudication of the case on the merits; the action cannot be refiled against the same adversary, based on the same facts.
Writ of Execution - An order of the court empowering the Sheriff to seize property of a judgment debtor to satisfy a money judgment.
Writ of Garnishment - An order of the court whereby a person’s property, money or credits, that are in the possession or control of another party, are applied to payment of a debt to a judgment creditor.
Writ of Restitution - When used herein, refers to an order of the court, after judgment is entered in the landlord’s favor in a Special Detainer action, restoring the right to possess residential real property to the landlord.
1 - 14
__________
5-Day Notice of Termination of Rental Agreement for Noncompliance with Rental Agreement Materially Affecting Health and Safety - Written notice given by the landlord to the tenant, pursuant to A.R.S. § 33-1368(A), informing the tenant that there is a noncompliance with the rental agreement that material affects health and safety and that if not remedied by the tenant within five days of the notice, the rental agreement will terminate in five days.
5-Day Notice to Pay or Quit - Written notice given by the landlord to the tenant, pursuant to A.R.S. § 33-1368(B), informing the tenant that if s/he does not pay rent that is due within five days, the landlord may terminate the rental agreement and file a Special Detainer action.
7-Day Notice to Pay or Quit - Written notice given by the landlord to the tenant, pursuant to A.R.S. § 33-1368(B), informing the tenant that if s/he does not pay rent that is due within seven days, the landlord may terminate the rental agreement and file a Special Detainer action. Replaced in July 1995 by a Five-Day Notice to Pay or Quit.
10-Day Notice of Termination of Rental Agreement for Noncompliance with Rental Agreement Materially Affecting Health and Safety - Written notice given by the landlord to the tenant, pursuant to A.R.S. § 33-1368(A), informing the tenant that there is a noncompliance with the rental agreement that material affects health and safety and that if not remedied by the tenant within five days of the notice, the rental agreement will terminate in ten days. Replaced in July 1995 by a 5-Day Notice.
10-Day Notice of Termination of Rental Agreement for Material Noncompliance with Rental Agreement - Written notice given by the landlord to the tenant, pursuant to A.R.S. § 33-1368(A), informing the tenant that there is a material noncompliance with the rental agreement and that if not remedied by the tenant within ten days of the notice, the rental agreement will terminate in ten days.
14-Day Notice of Termination of Rental Agreement for Material Noncompliance with Rental Agreement - Written notice given by the landlord to the tenant, pursuant to A.R.S. § 33-1368(A), informing the tenant that there is a material noncompliance with the rental agreement and that if not remedied by the tenant within ten days of the notice, the rental agreement will terminate in fourteen days. Replaced in July 1995 by a 10-Day Notice.
