Hello world!

Welcome to the Arizona Tenants Advocates blog.

First, a bit of introduction. I, Ken Volk, started working for Arizona tenants’ rights in 1993, with the defeat of landlord-proposed legislation. Then came the formation of a non-profit tenants’ group, since dissolved, which I ran for seven years. Beginning in 2001 I have been operating Arizona Tenants Advocates, which grew from a home based business to our office in downtown Tempe. Every year the business has expanded, including legislative lobbying efforts for two years. We have a free telephone hotline service, and have helped thousands of tenants terminate their leases.

The website has grown, too. We have an apartment and managment ranking system. New articles on specific subjects have been added. Success stories periodically updated. Expanded links & resources section. Now, this blog.

In this venue I will periodically address specific subject matter that has come to our attention through the phone hotline or our member client cases. An attempt will be made to cover varying topical issues, and your related comments and experiences will be welcomed.

Please understand that our resources are limited, as we do not receive government or private funding. (We are solely dependent on income from tenants who use our Break Lease services.) On top of all of this, our operational expenses are significant and consistent; plus there are always numerous challenges that drain us — it’s the nature of the beasts. So do not expect for Arizona Tenants Advocates to take on your personal situation or crusade, although it is my hope you will find guidance and other assistance through the postings.

Finally, to set this show on the road, I would suggest people review the HB 2733 information linked from our home page. Check out the proposals on:

* foreclosures

* landlords being compelled to provide receipts to tenants

* landlords being compelled to accept rent payments

* landlords conning tenants to pay off judgements with rents and then evicting anyway, and

* prohibitions on landlords marring tenant credit reports without first securing court judgment.

These are important landlord-tenant abuses, and we need to expand renters rights in these regards. Feel free to post your experiences.

It is an honor to offer this blog service to the community, and I hope many useful ideas will be aired to help the tenant community.


14 Responses to “Hello world!”

  1. Bruce P. Keene Says:

    Is it legal to retroactively and unilaterally change an existing rental contract that does not provide a provision to increase the rental amount in order to add on the new 3% TPT tax?

  2. admin Says:

    The statute that applies is A.R.S. § 33-1314(E), which requires that any increase or addition of privilege taxes (i.e. sales taxes) must have such authority disclosed in the lease, and that a 30-day notice of the increase must be first provided, and that no increase can be assessed until the new tax is effective. We have a link to the landlord-tenant act in our links section, so you should check out the exact language yourself.

    As to being retroactive, that is not specifically covered in the law, but it seems that would conflict with the 30-day notice requirement.

    Take heed, this statute does not address other types of taxes other than municipal privilege taxes. So it does not cover, for example, property taxes. To my knowledge, there is no other landlord-tenant provision that specifically addresses other types of taxes.

    I hope this has clarified.


  3. Bill Cole Says:

    Is PROPER notice given if a landlord changes the effective date of a notice?

    1 Oct 2008—- 60 notice given to tenants advising of monthly”utility fee” to be added to rent, effective 1 Dec.2008

    I objected & sent a certified letter advising the landlord he was required to give us 90 Days advance notice

    15. Dec 2008—-landlord gave us another notice saying the effective date for the “utility fee” will be effective on 1 Jan 2009; to comply with the 90 day advance notice requirement.

  4. Justin Says:

    If a month-to-month lease is broken without providing 30 days notice, is it legal for the landlord to keep the deposit if it is less than one months rent and not stated as non refundable?

  5. Marc Says:

    There is a new rule regarding that a corporation that is in a evicitin action must be represented by an attorney, i heard the judge say so but cannot find the new rule ar eyou awareof this rule and where to find it

  6. RoxAnn Says:

    HI, How much can a landlord raise the rent after a lease has ended and you want to pay month to month? Is there a certain pecentage of the original rent or is it whatever the landlord wants to set?

  7. RoxAnn Says:

    I forgot to mention in reference to last posting that the location is Tucson (Catalina Foothills) AZ. Thanks

  8. Robin Says:

    I have 2 roommates and we will be moving into a rental house on saturday, I have been told that the landlord needs to provide window coverings (ie. blinds or curtians) not us. Could you please verify or deny this fact for us.

  9. E. Daniel O'Sullivan Says:

    I live in subsidized housing through La Frontera (a mental organization)

    I have complained (in writing about homeless people sharing an apt,,, who are also part of La Frontera so far the manager has done nothing but make excuses, from “I have talked to them,,,I have given them a 10 notice”, yet nothing has changed,, the manager gives the tenant a 48 hour notice and when she enters the apt,, of course none of the street people are there,,, so she says she has done all she can.. and that she cant be everywhere all the time to see if this is acutally happening,,”call the cops” she says,, like they have the time to act. I know they are busy.
    Now, in retaliation,, the above tenant has written a letter stating that I am always nude in my apt… well the fact is that on occassion during the night I will go to the kitchen, and maybe find something to drink… with only night lights on, he can not see in my second story apt,,from his second story apt. The manager tells me that if she gets one more report she will serve me with a 10 notice, and I will be forced to move,,, I cannot affort to move,, I live on Soc. Sec. I am mentally ill (that is the reason I am allowed my subsidized housing) I am labled S.M.I. severly mentally impaired.
    She sent out one of those intents of renewing my lease,, which I signed,, then she tells me after I have signed it that I dont need a copy because I am on a month to month.. the lease states 12 months. I demanded a copy,, so far she hasnt gotten around to it??
    It is my plan to sit in her office until I get my lease.. but the other issues I dont have a clue as to what to do.
    I am not running around my house naked and exposing myself by standing in the windows. I need the sunlight for one of my “conditions” but during the day I am always fully clothed, and so my blinds are always open during the daylight hours,, my bedroom blinds are turned so that the morning sunlight comes through to wake me.
    By the way she wont tell me who wrote the letter I just discovered it from one of the employees. I see all this as pure payback from the neighbor,,, (and possibly her dislike for me, maybe my paranoia?)she tells me that she cannot show me the letter.. What about my rights to face my accusores under the Bill of Rights section 8, and I am kind of afraid of making a fuss over all this for fear that she will not renew me in the future… I am retired and cannot afford to move,, I am pretty much house bound so I have no friends to lean on to help me move,,if that happens next year..
    PLEASE give/offer me some advice
    thank you
    E. Daniel O’Sullivan
    1355 W. Roger Rd apt 5219
    Tucson, Az 85705
    tel numbers
    I’ll be happy to accept a collect call

  10. D.A.Morgan Says:

    I’m forming a tennants association in the building where I live . We ,the tennants, have been abused & harrassed by the manager for years now & are aiming to put a stop to it .
    I need help in writing the origional ” Tennant’s Association Charter ” for our particular building . Is there a standard form for this ? Can anyone suggest what it should say ,the wording & etc .
    Any ideas on this will be greatly appreciated & helpful . Thanks !! D.A. Morgan

  11. Jim Tanzini Says:

    What about verbal promises to the tenant? Like, saying the pool is heated but later to find out “heated” is 70′F. Or verbal promises of pool hours that they do not keep. Or “security” gates that have not been fixed.
    I have discussed these issues with management in writing and they blow me off.
    Is there any substance to “verbal contract” in this state of Arizona?
    There is obvious misrepresentation at Desert Mirage,Gilbert,Az. upon showing the property to a client.

  12. Rhonda Says:

    I’m a tenant and I hope you can help me with the other side of a coin. I pay my rent early. Almost two weeks early in most cases. I paid my rent over a week and a half ago. My landlord has yet to give me a rent receipt. It is my understanding the HB 2733 did NOT pass. How long does a landlord have to give me a receipt for my rent? TY

  13. Charlotte Jones and Charleesha Rodriguez Says:

    After going through the breaking lease process we received continued threats from eviction (after we were moved before the start of a month) to damage/vacate no notice receipt to pay minus security deposit. We know you are busy but we need some idea on what action we should take with the 30 day to reply notice pay leftover fees of 383.12 or further action threat.

  14. kathy Says:

    If a tenant dies, and owes back rent, can the landlord withhold all of the tenants possessions fro the heirs until rent and repairs are paid? The possessions are needed to sell for money to pay the deceased debts.
    The heir is living in another state and must make several trips to the state to take care of probate.

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