1. Lead-Based Paint Disclosure
If this property was built before 1978, the following applies:
- Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
- Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
- The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.
2. Security Deposit
Deposit Limits
Pursuant to AZ §33-1321(A), a landlord may not demand or receive a security deposit in excess of one and one-half months' rent. The amount of your security deposit will be specified in your lease agreement.
Return of Deposit
Pursuant to AZ §33-1321(D), upon termination of the tenancy, the landlord must return the security deposit within 14 days after termination of the tenancy and delivery of possession, together with an itemized list of any deductions.
Permitted Deductions
The security deposit may be used for:
- All rent owed under the rental agreement, including unpaid late fees.
- Damages to the premises beyond reasonable wear and tear.
- Reasonable cleaning costs to restore the unit to the same level of cleanliness as at move-in.
- Charges for which the tenant is responsible under the rental agreement.
Disputes
If you dispute any deduction, contact Month2Month in writing. If the dispute cannot be resolved, you may file a claim in justice court (small claims). If a court finds that the landlord acted wrongfully in retaining the deposit, the tenant may recover twice the amount wrongfully withheld plus court costs. (AZ §33-1321(D))
3. Nonrefundable Fees Disclosure
Pursuant to AZ §33-1321(B), a landlord may charge a nonrefundable fee only if the purpose of the fee is stated in the rental agreement. Any fee or deposit that is not specifically designated as nonrefundable is considered refundable and must be returned to the tenant under the same rules as a security deposit.
If your lease includes any nonrefundable fees (such as a cleaning fee, pet fee, or administrative fee), the specific amount and purpose of each fee will be clearly stated in your lease agreement. If no nonrefundable fees are identified, all deposits collected are refundable.
4. Landlord Identity and Address Disclosure
Pursuant to AZ §33-1322, the landlord or any person authorized to enter into a rental agreement on the landlord's behalf must disclose to the tenant in writing at or before the commencement of the tenancy:
- The name and address of the person authorized to manage the premises.
- The name and address of an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands.
A person who fails to comply with this disclosure requirement becomes an agent of each person who is a landlord for purposes of service of process and receiving notices and demands.
Your lease agreement contains the specific owner information, property manager contact information, and emergency maintenance contact for your property. Month2Month serves as the property manager for all properties in our portfolio.
General Contact: [email protected]
5. Move-In Inspection Checklist
Pursuant to AZ §33-1321(C), the landlord must furnish the tenant with a signed copy of the move-in inspection checklist that describes the condition of the premises at the time the tenant moves in. The checklist must be completed and signed by both the landlord and the tenant.
What the Move-In Checklist Covers
- Condition of walls, floors, ceilings, and windows in each room.
- Condition of all appliances, fixtures, and furnishings.
- Condition of plumbing, electrical, and HVAC systems.
- Condition of doors, locks, and security devices.
- Condition of exterior areas, including patios, yards, and parking areas.
- Photographic documentation of the property's condition.
Why This Matters
The move-in checklist serves as the baseline for determining whether damage occurred during your tenancy. Any damage not documented on the move-in checklist that is present at move-out may be charged to the tenant. It is in your best interest to thoroughly inspect the property and note any pre-existing conditions on the checklist.
Month2Month will provide the move-in checklist at the time of key delivery. You will have the opportunity to note any discrepancies or pre-existing conditions. Both parties will sign the completed checklist, and you will receive a copy for your records.
6. Bed Bug Disclosure
Pursuant to AZ §33-1319, Arizona law addresses bed bug infestations in residential rental properties. A landlord may not knowingly lease a dwelling unit that the landlord knows has a current bed bug infestation.
Landlord Obligations
- Provide written educational materials to the tenant about bed bug identification, prevention, and reporting at or before the commencement of the tenancy.
- Not show, lease, or rent a dwelling unit that the landlord knows has a current bed bug infestation.
- Arrange for inspection and treatment by a qualified pest management professional upon receiving written notice from the tenant of a suspected infestation.
Tenant Obligations
- Report any suspected bed bug infestation to Month2Month in writing promptly upon discovery.
- Cooperate with inspection and treatment procedures.
- Prepare the dwelling unit for treatment as directed by the pest management professional.
- Not introduce furnishings or personal property that the tenant knows to be infested with bed bugs.
Identification
Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.
Signs of Infestation
Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.
Month2Month certifies that, to its knowledge, no unit is offered for lease with a known active bed bug infestation.
7. Pool Safety Disclosure
If the rental property includes a private swimming pool, spa, or hot tub, the following safety requirements and disclosures apply under Arizona law.
Required Pool Barriers
Pursuant to AZ §36-1681, residential swimming pools and hot tubs must have at least one of the following barrier systems:
- A fence surrounding the pool area that is at least 5 feet high with self-closing, self-latching gates.
- An approved safety pool cover that meets ASTM standards.
- A building wall or other enclosure that prevents direct access from the home to the pool without passing through a gate or door with an alarm.
- Door and window alarms on all doors and windows providing direct access to the pool area.
Tenant Responsibilities
- Maintain all pool barriers, gates, latches, alarms, and safety covers in proper working condition.
- Never prop open pool gates or disable pool alarms.
- Supervise children at all times when they are in or near the pool area.
- Report any damage to pool barriers or safety equipment to Month2Month immediately.
- Follow all posted pool rules.
If your property includes a pool, spa, or hot tub, specific safety information and rules will be disclosed in your lease agreement if applicable.
8. Smoke Detectors
All Month2Month rental properties are equipped with operable smoke detectors installed in compliance with Arizona law and the Arizona Fire Code. Smoke detectors are installed in each sleeping room, outside each sleeping area, and on every level of the dwelling.
Tenant Responsibilities
- Do not disable, disconnect, cover, or tamper with any smoke detector.
- Test all devices monthly by pressing the test button.
- Report immediately if any device is chirping, not functioning, or missing.
- Do not remove batteries.
Month2Month is responsible for ensuring all smoke detectors are operable at the beginning of each tenancy and for maintaining them throughout, including replacing batteries and units as needed.
9. Crime-Free Housing Programs
Many Arizona municipalities participate in Crime-Free Multi-Housing programs. These programs may require landlords to include specific lease addenda addressing criminal activity on the premises and may affect the terms under which a lease can be terminated.
Pursuant to AZ §33-1368, a landlord may terminate a rental agreement if a tenant, a tenant's guest, or another person under the tenant's control is involved in certain criminal activities, including:
- Homicide or an act that would constitute homicide.
- Criminal street gang activity, activity relating to the sale, manufacture, or distribution of controlled substances, or any activity involving a serious threat to the property or well-being of others.
- Assault involving serious physical injury.
- Discharge of a firearm.
- Prostitution or any act that would constitute prostitution.
- Any drug-related criminal activity.
If the property is located in a municipality with a Crime-Free Multi-Housing program, specific program requirements will be disclosed in your lease agreement if applicable.
10. Domestic Violence Protections
Right to Terminate Lease Early
Pursuant to AZ §33-1318, a tenant who is a victim of domestic violence as defined in AZ §13-3601, sexual violence, or stalking may request an early lease termination by providing the landlord with written notice and one of the following forms of documentation:
- A copy of an order of protection or injunction against harassment issued by a court.
- A written report from a law enforcement agency documenting the domestic violence, sexual violence, or stalking.
- A written statement from a qualified third party (health care provider, domestic violence advocate, or sexual assault advocate) confirming that the tenant or a household member is a victim.
The lease terminates 30 days after the landlord receives the written notice and documentation, or on a date mutually agreed upon by the parties.
Right to Request Lock Changes
A tenant who is a victim may request that the landlord change the locks to the dwelling unit. Month2Month will change the locks within 48 hours of receiving a written request accompanied by qualifying documentation. The tenant is responsible for the reasonable cost of changing the locks.
Protection from Eviction
A landlord may not terminate a tenancy, fail to renew a tenancy, or retaliate against a tenant solely because the tenant or a household member is a victim of domestic violence, sexual violence, or stalking, or because the tenant has contacted law enforcement or emergency services in connection with domestic violence.
Confidentiality
Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.
Resources
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
- Arizona Coalition to End Sexual and Domestic Violence: www.acesdv.org
- National Sexual Assault Hotline: 1-800-656-4673
- Arizona 2-1-1 (community resources): dial 2-1-1 or www.211arizona.org
- Arizona Attorney General Victim Services: www.azag.gov/criminal/victim-services
11. Arizona Residential Landlord and Tenant Act Disclosures
The Arizona Residential Landlord and Tenant Act (ARLTA) governs the rights and obligations of landlords and tenants in residential rental properties in Arizona. Key provisions include:
Landlord's Duty to Maintain Premises
Pursuant to AZ §33-1324, the landlord must:
- Comply with the requirements of applicable building codes, housing codes, and health codes.
- Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
- Keep all common areas of the premises in a clean and safe condition.
- Maintain all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good and safe working order.
- Provide and maintain appropriate receptacles for garbage and arrange for its removal.
- Supply running water and reasonable amounts of hot water and reasonable heat and cooling at all times.
Landlord's Right of Access
Pursuant to AZ §33-1343, a landlord must give the tenant at least two days' notice before entering the dwelling unit, except in cases of emergency. Entry is permitted only at reasonable times and only for purposes including inspection, repairs, showing the unit to prospective tenants or purchasers, or other lawful purposes specified in the rental agreement.
Prohibited Provisions
Pursuant to AZ §33-1315, a rental agreement may not contain provisions that:
- Waive or limit the tenant's rights under the ARLTA.
- Require the tenant to agree to pay the landlord's attorney's fees beyond what is permitted by statute.
- Allow the landlord to confess judgment on a claim arising out of the rental agreement.
A copy of the Arizona Residential Landlord and Tenant Act is available at www.azleg.gov or from the Arizona Department of Housing.
12. Furnished Property Disclosure
All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.
Your Responsibilities
- Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
- Use all items for their intended purpose only.
- Do not remove any furnished items from the property.
- Report any damage to furnished items within 48 hours of discovery.
- Do not repair or replace items yourself without prior written approval.
Damage vs. Normal Wear and Tear
| Normal Wear and Tear (Not Chargeable) | Damage (Chargeable to Tenant) |
|---|---|
| Minor scuffs on furniture | Broken furniture legs, arms, or frames |
| Slight fading of upholstery | Stains, tears, or burns on upholstery |
| Minor mattress indentation from normal use | Mattress stains, tears, or structural damage |
| Light scratches on hard floors | Deep gouges, water damage, or burns on flooring |
| Normal appliance wear (cosmetic marks) | Appliance malfunction due to misuse or neglect |
| Gradual thinning of towels and linens | Bleach stains, tears, or missing linens |
| Normal dulling of kitchen knives | Missing, broken, or chipped dishes/cookware |
| Loose doorknobs from use | Holes in walls, broken blinds, damaged doors |
Replacement Responsibility
- Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
- Missing items: Tenant is responsible for full replacement cost.
- Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
- Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.
Cleaning Standards
The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.
Inventory
A detailed furniture and household inventory checklist will be provided at move-in as part of the move-in inspection required by AZ §33-1321(C). Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.
13. Tenant Rights and Responsibilities
Your Rights
- Habitable Housing: Your rental unit must be maintained in a fit and habitable condition, including compliance with building, housing, and health codes, functioning plumbing, heating, cooling, electricity, and hot water. (AZ §33-1324)
- Privacy: Your landlord must give at least two days' notice before entering your unit (except in emergencies) and may only enter at reasonable times for specific lawful purposes. (AZ §33-1343)
- Return of Security Deposit: Your deposit must be returned within 14 days after move-out, with an itemized statement of any deductions. (AZ §33-1321(D))
- Freedom from Discrimination: You cannot be discriminated against based on race, color, religion, sex, familial status, disability, national origin, or any other characteristic protected by the Fair Housing Act or Arizona Fair Housing Act. (AZ §41-1491)
- Freedom from Retaliation: Your landlord cannot retaliate against you for complaining to a governmental agency, complaining to the landlord about a violation, organizing or joining a tenant organization, or exercising rights under the ARLTA. Retaliatory actions within six months of the protected activity are presumed to be retaliatory. (AZ §33-1381)
- Repairs and Maintenance: You have the right to request repairs for conditions that affect habitability. If the landlord fails to make essential repairs within a specified time, you may have remedies including termination of the lease or repair and deduct (for repairs costing less than $300 or one-half month's rent, whichever is greater). (AZ §33-1363, §33-1364)
- Protection from Unlawful Eviction: Your landlord must follow proper legal procedures (forcible detainer action) and cannot use "self-help" eviction methods such as changing locks, removing doors, shutting off utilities, or removing your belongings. (AZ §33-1367)
- Move-In Inspection: You have the right to a move-in inspection checklist documenting the condition of the premises. (AZ §33-1321(C))
Your Responsibilities
- Pay rent in full and on time.
- Keep the unit clean and sanitary.
- Avoid damaging the property beyond normal wear and tear.
- Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
- Allow reasonable access for repairs and inspections with proper notice.
- Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
- Comply with all applicable building, housing, and health codes.
- Properly use and operate all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other systems and appliances.
- Not deliberately or negligently destroy, deface, damage, or remove any part of the premises.
- Provide proper notice before moving out and return the property in clean condition.
Resources
- Arizona Department of Housing: www.housing.az.gov
- Arizona Residential Landlord and Tenant Act: www.azleg.gov (Title 33, Chapter 10)
- Community Legal Services (Phoenix): www.clsaz.org
- Southern Arizona Legal Aid: www.sazlegalaid.org
- Domestic Violence Hotline: 1-800-799-7233
- Fair Housing Hotline: 1-800-669-9777 (HUD)