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  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Paying Rent In Advance

    My question involves landlord-tenant law in the State of: arizona.
    i have bad credit and would like to rent a small house. the landlord said that if i pay the full years rent upfront there would be no credit check...is this a good idea? i would, of course, be signing a lease.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Paying Rent In Advance

    If you're sure that's what you want to do, you can voluntarily prepay rent. The landlord seems to be walking a fine line here, as the landlord cannot demand or require security in excess of 1-1/2 months rent.
    Quote Quoting Arizona Revised Statutes, Sec. 33-1321. Security deposits
    A. A landlord shall not demand or receive security, however denominated, including, but not limited to, prepaid rent in an amount or value in excess of one and one-half month's rent. This subsection does not prohibit a tenant from voluntarily paying more than one and one-half month's rent in advance.

    B. The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable shall be refundable.

    C. With respect to tenants who first occupy the premises or enter into a new written rental agreement after January 1, 1996, upon move in a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. Upon request by the tenant, the landlord shall notify the tenant when the landlord's move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant.

    D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.

    E. If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

    F. This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled under this chapter.

    G. During the term of tenancy the landlord may use refundable security deposits or other refundable deposits in accordance with any applicable provisions of the property management agreement. At the end of tenancy, all refundable deposits shall be refunded to the tenant pursuant to this section.

    H. The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Paying Rent In Advance

    In this economy, I would be hard pressed to prepay a whole YEAR'S rent. What if the property went into foreclosure within that year? Your money would be all but lost or you'd have a heck of a time getting it back from him.

  4. #4
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Paying Rent In Advance

    Quote Quoting aaron
    View Post
    If you're sure that's what you want to do, you can voluntarily prepay rent. The landlord seems to be walking a fine line here, as the landlord cannot demand or require security in excess of 1-1/2 months rent.
    do you know about co-signers...the man i intend to rent from doesn't seem to understand, that because i have bad credit, my sister is willing to co-sign...she has outstanding credit, has lived in the area for many years, excellent job...and so on.
    at this time i live in an apartment that she co-signed for

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