State Specific Question About: ARIZONA (AZ)

Hi Lisa..

Does Az law also allow you time after the move out to account for any funds & or is this the only inspection allowed..

In AZ we only have 14 days to provide an accounting and return funds.

The tenant can be present during the inspection - which can present all kinds of problems later, as anything missed can be refuted in court. Also this is where tenants and landlords get into fights. Bring witness(es).

Take LOTS of pictures before and after.

I had a tenant dent a brand new refrigerator after only 6 months. They left a magnetic calendar over the dent and I didn't notice it until after I'd returned the deposit.

Basically what I do is a quick walk through and take pictures with them there. Then we both sign off - IF they will sign. My move out form has some "fine print" that states not all damage may be readily apparent and a final dispensation will be made in 14 days. That at least gives you something for court - and hopefully avoids a shootout in the kitchen. ;-)

Lisa,

I tell them to leave the keys in the kitchen drawer and text me when they are fully out, cleaned and trashed carried out.

I prefer to do the MO inspection alone.

When I enter I lock the door behind me for personal safety.

I take a full set of photos - shoot across 4 corners of every room, ceiling, floor, and any special items such as furnace, water heater, and every wall of the exterior and the yards.

If there is any damage or cleaning I click and drag the before and after pics to a WORD page and type the description and price under each photo.

I charge full full retail and $35 per hour for repairs and cleaning. My lease is clear: it has a full page list of common repairs and set prices. I bill form the list, not from handyman bills.

Get is mailed with Proof of Mailing or certified to prove you met the state deadline.

The photos squelch the arguing.

Be slow and thorough. They will hide problems like LTD's magnet over the dent. My pet peeve is Justin Beiber posters over the holes in the walls and doors. Check INSIDE the closets for Sharpie artwork and 'I love Justin B' testimonials.

Stay strong. If they damaged it they know it and a HOPING you miss it. They left it for YOU to give up your weekend to clean THEIR mess!

BRAD

We send a condition of premises letter along with the move in inspection and minimum charges and fees schedule they signed at move in.

Whether required or not by your state a move in inspection should be part of your lease. (How can you compare premises from then to now?)

You should have a lease end date and time. Ours is the last day of the month and at noon. We tell the residents to follow the move out letter-- we try to send someone over when they're not there.

A larger question is this. If the lease is over and they have 5 days to repair-- aren't they now holding over? Place should have been turned over at appropriate time. FYI holding over rent is 2X's the daily rate.

We notify them we have left the list on the counter. If tenant leaves the keys they are done-- because even if you leave a list-- they can't get in since THEY LEFT THEIR KEYS. This system has worked for 30 years. No confrontation or he said she said.

Photo's to the judge you mentioned brings up a stroy from court I think you might enjoy. A tenant of mine who's father was a GA state trooper (and she let the judge know it) shows up after trashing one of our SFH's. We had maybe 40 pics-- my attorney says keep these hidden until we get in front of the judge. So I did. She brings us all in front of the man and had placed a NICE pic right on top. She says your honor here are the pictures of the home-- and hands them to the tenant and say's is this where you lived? Tenant says Yes! -- attorney didn't give tenant a chance to look past 1st one and grabs them from tenant and hands to judge.

Thanks, Brad. Those are great suggestions. I am working on streamlining my process and including all of that.

And I wish I did not have to accommodate the move-out inspection with the tenant, but that is AZ law. I have included in my confirmation of move-out day and early lease termination that "tenant presence or absence at the walk-through will not in any way impact the security deposit refund." I hope this dissuades him as he will be a nuisance and a little intimidating, so I have two people going.

But I still need to know if I can mandate when the walk-through will be, and what the parameters are. Last day of tenancy? Within three days? Sunday OK?

Unfortunately Lisa, LTD never answered your question about when the move-out inspection must occur.

AZ law AS 33-1321 says that: Upon request by the tenant, the landlord shall notify the tenant when the landlord's move-out inspection will occur.

So landlord may set the time & place of the inspection. According to the statute, its HIS inspection, not joint. Tenant has the right to be there, but must be notified ONLY if he requests notification.

Of course, choosing the time and date of inspection will go much more smoothly if it chosen to be convenient for all parties.

Hi Lisa - Moshe, sorry I actually have to work sometimes... ;-)

I've always just orally set the walk through time. Usually it is when they return the keys and formally "check out." There are two basic kinds of tenants. Those who leave places clean with normal wear and those who wreck the place. Tenant's that I've done walk throughs with them present have not been a problem. I can't recall ever doing one with a problem tenant.

I give tenants a "move out checklist" of things to do a couple of weeks before move out and it states that they DO NOT NEED to be present, but they can be if they want, but I don't set a day or time.

As Moshe said, you do not have to unilaterally invite them. And you don't even have to mention it unless they ASK.

If a problem tenant was being evicted and demanded to be present I'd be "situationally aware" and take proper defensive precautions during and after the inspections. If someone was locked out you would probably be legal to deny them inspection access, especially if you had formally trespassed them off the property. Let 'em sue if they want.

This is Arizona. We can pretty much do what we want as long as you keep the AC working! :-)

PS - Lisa, I forgot regarding lease ending times question.

I usually begin and end them at Noon. And I can't remember if we charge the last day. I don't think so. I'm having my first turnover in about a year right now - so I have to remember how all this works! LOL

Since I got rid of the drug apartments and trailers and went to 55 plus at my remaining property we really haven't had any problems.

Plus the fact that my truck has advertising plastered all over it promoting our firearm and security business - I don't really attract problem tenants. LOL The ones that "would" be problems, when I pull up and get out, their eyes get big and they suddenly remember they were supposed to have their appendix removed today and they bug out. ;-)

-

More thoughts:

A good move out STARTS with a good lease at move IN.

The written move IN inspection form, signed by the res AND backed with literally 100 pix is MORE important than a lease.

VERY FEW if ANY of our residents WANT to stick around for an inspection once they are out.

Overall don't be shy, intimidated, or too quick. I NEVER finalize the inspection when a res is present. The FINAL insp is when I come back, alone, study the house, and take my pix.

If there is obvious damage, I snap several pix on the spot AND liek to ge the res in a shot with the damage. "Joe, Take a look at this hole" CLICK! or at least while they are walking around in the room.

NEVER take your checkbook to a move out insp. They will press you for a check with heart tugging stories of no money and most LLs will cave because they have the checkbook in the car. (frequently posted here!)

We do the move out inspection IMMEDIATELY, same day if possible but usually within 24 hours. We don't always knwo when they move out. Often they move and never tell us or we get the keys in our UPS Store box, often we never see any keys. Why? In a certain case we waited over the weekend to do the move out. Busy. Resident complain to the judge that she left it clean but someone broke in during those 3 days and trashed the house. Judge agreed with her point about the lost days and reduced my claim.

If the place is basically OK we change the lock cylinders immediately. Angry boyfriends will come back and use their key to vandalize or steal appliances.

Read your state law, follow it, but study it for what it does NOT say. Does the law say you MUST meet them or just give them the opportunity to walk thru?

BRAD

Thank you all tremendously for your help. It is fantastic. Really nice to get all of the perspective and guidance.

It is interesting to me that AZ law says that tenants have the right to be present at the move-out inspection, but a pre move-out inspection is not required.

CA is the other way around: no move-out inspection with tenant required, but we have to offer a pre move-out inspection. I think I like the CA system better so far.

Thank you all tremendously for your help. It is fantastic. Really nice to get all of the perspective and guidance.

It is interesting to me that AZ law says that tenants have the right to be present at the move-out inspection, but a pre move-out inspection is not required.

CA is the other way around: no move-out inspection with tenant required, but we have to offer a pre move-out inspection. I think I like the CA system better so far.