SimplifyEm

Landlords and tenants in Arizona – What are the guidelines you need to know about utility charges in tenacy? This guide helps you with what utility charges landlords and tenants can discuss in tenancy.

Landlord may charge separately for gas, water, wastewater, solid waste removal or electricity by installing a submetering system or by allocating the charges separately through a ratio utility billing system.

If a landlord charges separately for a utility pursuant to subsection A, the landlord may recover the charges imposed on the landlord by the utility provider plus an administrative fee for the landlord for actual administrative costs only. The landlord shall not impose any additional charges. The rental agreement shall contain a disclosure that lists the utility services that are charged separately and shall specify the amount of any administrative fee that is associated with submetering or the use of a ratio utility billing system.

If provided in the rental agreement, the landlord may impose a submetering system or ratio utility billing system during the term of a rental agreement if the landlord provides notice as prescribed by subsection G.

If a landlord is not in compliance with subsection B, the tenant shall first object in writing to the landlord regarding the utility billing. If the dispute is not resolved, the tenant may file a civil complaint in justice court to enforce this section.

If a landlord uses an allocation or submetering system, the bill format for each billing period shall:
1. Separately state the cost of the charges for the period together with the opening and the closing meter readings and the dates of the meter readings.
2. Show the amount of any administrative fee charged. F. If a landlord does not use a submetering system and allocates charges separately for gas, water, wastewater, solid waste removal or electricity, the landlord may allocate the costs to each tenant by using one or more of the following ratio utility billing system methods:
1. Per tenant.
2. Proportionately by livable square footage.
3. Per type of unit.
4. Per number of water fixtures.
5. For water and wastewater, by use of an individually submetered hot water usage measure for the tenant’s dwelling unit.
6. Any other method that fairly allocates the charges and that is described in the tenant’s rental agreement.

G. If a landlord uses a ratio utility billing system method pursuant to subsection F, the rental agreement shall contain a specific description of the ratio utility billing method used to allocate utility costs. For any existing tenancies, the landlord shall provide at least ninety days’ notice to the tenant before the landlord begins using a submetering system or allocating costs through a ratio utility billing system. H. For purposes of regulating apartment communities as public or consecutive water systems, the department of environmental quality shall not adopt rules pursuant to title 49, chapter 2, article 9 that are more stringent than those authorized by federal law. Without other evidence of activities that are subject to regulation under title 49, chapter 2, article 9, the department of environmental quality shall not use an apartment community’s use of a submetering system or a ratio utility billing system as the sole basis for regulating an apartment community as a public or consecutive water system.

Source: www.azsos.gov/public_services/…landlord_tenant_act/residential.pdf

Landlord and tenant in Arizona – What are the terms and guidelines you need to follow where writing a rental agreement? This guide helps you with the terms and conditions included in a  rental agreement.

In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day.

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.

If a municipality that levies a transaction privilege tax on residential rent changes the percentage of that tax, the landlord on thirty days’ written notice to the tenant may adjust the amount of rent due to equal the difference caused by the new percentage amount of the tax. The adjustment to rent shall not occur before the date upon which the new tax is effective. In order for a landlord to adjust rent pursuant to this subsection, the landlord’s right to adjust rent pursuant to this subsection shall be disclosed in the rental agreement.

Notwithstanding section 14-3911, the landlord may request and the tenant may provide and routinely update the name and contact information of a person who is authorized by the tenant to enter the tenant’s dwelling unit to retrieve and store the tenant’s property if the tenant dies. If the landlord is unable to contact the authorized person at the address and telephone number provided to the landlord by the tenant or the authorized person fails to respond to the landlord’s request within ten days of initial written contact, the landlord may dispose of the property as prescribed in section 33-1370. Before removing any of the tenant’s personal property, the authorized person shall present to the landlord a valid government issued identification that confirms the identity of the authorized person. The authorized person shall have twenty days from the date of initial written contact by the landlord or the last date for which rent is paid, whichever is longer, to remove items from the rental property and return keys to the landlord during regular business hours. If the landlord allows an authorized person to enter the property to remove the tenant’s personal possessions as prescribed by this subsection, the landlord has no further liability to the tenant, the tenant’s estate or the tenant’s heirs for lost, damaged or stolen items. If the tenant’s personal property is not entirely removed from the rental unit by an authorized person, the landlord may dispose of the property as prescribed in section 33-1370. This subsection shall only apply if the periodic rent is unpaid and outstanding for at least five days.

Source: www.azsos.gov/public_services/…landlord_tenant_act/residential.pdf