Phoenix Arizona Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant

State:
Arizona
City:
Phoenix
Control #:
AZ-1500LT
Format:
Word; 
Rich Text
Instant download

Description

This Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant form is for a Landlord to provide notice of breach of a Written Lease for violating a specific provision of the lease with the right to cure. It is for a Residential lease. You insert the specific breach in the form. The lease should contain the specific provision which has been violated and provide the deadline to cure the breach. This form is for use when a form for your specific situation is not available.

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FAQ

If a tenant takes actions which are specifically not authorised in the lease, such as subletting without permission or carrying out unauthorised alterations, this is a breach of covenant.

The landlord must give the tenant written notice of his or her intent to immediately terminate the rental agreement. The landlord can file the eviction action the same day the tenant receives the notice of immediate termination.

Your landlord must make repairs within ten days of the written notice (per A.R.S. §33-1363). For landlords who fail make repairs within ten days, renters may be able to make use of the self-help repair statute (A.R.S.

Tenants in the state of Arizona also have rights when it comes to the collection, maintenance, and return of their security deposit. Landlords in Arizona cannot charge a tenant more than one and a half times the monthly rent payment as a security deposit unless the tenant voluntarily agrees to pay more.

Breach of a material term means the failure of a party to perform an obligation under the rental agreement or lease, which constitutes the consideration for entering into the contract and includes the failure to make a timely payment of rent.

You have the right to withhold rent or repair and deduct only if the problem that the landlord refuses to fix is serious enough to affect your health or safety. It can't be just an annoying or uncomfortable problem with the rental unit.

If your landlord breaches the terms of the lease you can take legal action against them to court. This is because the lease is a contract between two parties (the leaseholder and the landlord) and any actions for breach can be enforced via the courts.

It is commonly accepted that you have up to four or even six years to pursue the cost of damages so long as you have proof of the damages and records of the repair costs.

Landlords may be sued for emotional distress in certain situations. In Arizona, for example, courts have awarded emotional distress damages to tenants for their annoyance and discomfort caused by inhabitable living conditions such as inadequate heat and water and dangerous pests.

An especially serious violation of a rental agreement ? one that a tenant cannot fix ? is called a ?Material and Irreparable Breach?. If a tenant receives a Notice for Material & Irreparable Breach, it means the landlord plans to ask the court for permission to kick the tenant out of their home right away.

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Phoenix Arizona Notice of Breach of Written Lease for Violating Specific Provisions of Lease with Right to Cure for Residential Property from Landlord to Tenant