Landlord & Tenant Lawyers in Tucson, AZ

Select a landlord & tenant lawyer in Tucson, AZ to help you solve your legal issues.


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Landlord & Tenant lawyers
in Tucson, AZ

Questions to ask before hiring a lawyer in Tucson

What percentage of your cases deal with issues like mine?

Find an attorney in Tucson that knows how to handle your specific issue. Ask how many years they’ve been practicing and how familiar they are with the law surrounding your issue, especially in Arizona. A lack of experience isn’t necessarily a bad thing, especially if they have experienced lawyers around them.

How do you typically work with clients? What’s your communication style?

Ask if they prefer to communicate via email, text, phone, or in person, and whether they’re willing to use your preferred communication methods. Make sure they respond promptly (within 24 hours) to your initial inquiries—you don’t want to hire a lawyer who won’t return your calls or avoids timely communication.

What’s your availability, should I need to contact you?

Understand your potential attorney’s availability. Will they be staying in the Tucson area during your case? Can they be contacted by assistants if they aren’t in the office? You should have a good sense of when your lawyer will be available to communicate with you and how often.

What is landlord-tenant law?

Landlord-tenant law focuses on the rules governing the rental of residential and commercial real estate. Landlord tenant laws dictate the rights and responsibilities of parties to a rental agreement, commonly known as a lease.

What are landlord-tenant laws?

Landlord-tenant legislation comes primarily from the state and local level. These laws govern issues related to eviction proceedings, mandatory landlord disclosures, and security deposit limits. However, some federal laws also apply to landlord tenant relationships, such as the Fair Housing Act.

The landlord-tenant portions of the Fair Housing Act protect tenants from discrimination when renting housing. This act also prohibits landlords from denying housing to, setting different terms for, or providing different housing to someone based on race, gender, disability, etc.

Common terms in landlord-tenant law

  • Eviction: the legal process of removing a tenant from a rented property.
  • Lease: a legally binding, typically written agreement specifying the terms of the rental.
  • Security deposit: the money tenant pays up front to cover any damage done to the property or unpaid rent.
  • Sublet: the process for tenants to rent their property out to a third party but are still bound by their original lease, including paying rent.
  • Quiet enjoyment: a tenant's legal right to enjoy property without interference from others, including the landlord.

Renter rights and responsibilities

As a tenant, you are entitled to rights determined by your local laws.

Renter rights include

  • Obtaining housing without illegal discrimination by the landlord.
  • Quiet enjoyment and use of the property.
  • Security deposit returned, or, if withheld, a written explanation of why.
  • A habitable home, or a home fit for human habitation Repairs assumed by the landlord in the lease made in a timely manner.
  • The right to certain disclosures about the safety of the premises, background checks, and the use of credit reports.

If landlords fail to provide tenants with these rights, tenants may be able to terminate their lease, vacate the premises, withhold full or partial rent, and/or sue the landlord.

Tenant responsibilities include

  • Maintaining premises in reasonable repair.
  • Paying rent on time and as agreed.
  • Not interfering with the other tenants’ right to quiet enjoyment.

If tenants do not uphold their responsibilities, they can face fines or eviction, as stated in the lease agreement.

Landlord rights and responsibilities

Landlords also have rights and obligations that apply to them under landlord tenant laws. If tenants fail to hold up their end of the agreement, landlords may have the right to withhold security deposits or initiate eviction proceedings.

Landlord rights include

  • Receiving full, timely payment of rent as agreed in the lease.
  • Charging late fees for overdue rent if specified in the lease.
  • Tenant's maintenance of the premises unless otherwise mentioned in the lease.
  • Evicting tenant for lawful reasons specified in the lease.

Landlord responsibilities include

  • Keeping tenants' units and common areas safe and fit for habitation.
  • Delivering the right of possession (typically, the apartment keys) to tenant as agreed.
  • Allowing the tenant quiet enjoyment of property.
  • Giving the tenant proper notice before you enter. Depending on your state, this ranges from 12 hours to 2 days.
  • Returning the security deposit or offering written list of charges for damages.

What does a landlord-tenant lawyer do?

A landlord-tenant lawyer has experience reviewing documents and going to court on behalf of both landlords and tenants. However, there are some lawyers who work exclusively with tenants. Look for an attorney with experience handling legal issues similar to your own.

Because landlord-tenant laws vary depending on the city you live in, it's important to find a lawyer who has experience with the laws and courts in your jurisdiction. If you're facing a dispute with your renters or landlord, talk to a local landlord-tenant lawyer to explore your legal options.

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