What is a tenants union?

A tenants union is, simply put, a union entirely comprised of tenants, while being more than just a union; it is an all-volunteer, democratic community built on mutual respect, solidarity, and inclusivity. It is committed to building the collective power of tenants who share the goal of dismantling capitalist relations of production as well as systems of class and tenant oppression while fighting for a more equitable future where housing is realized as a basic human right. 

Who is a tenant?

The Tucson Tenants Union defines a tenant as anyone who is not in control of their own housing. Renters, unhoused people, working-class homeowners, and those whose homes are owned by banks are all considered tenants. 

What does the Tucson Tenants Union do?

We at the Tucson Tenants Union organize our all-volunteer membership to accomplish our shared mission of building collective tenant power in the city of Tucson. We do this by recognizing the need for educating renters, advocating for tenant rights, building tenant power, and demanding tenant facing policy from our elected officials. But rather than rely on the state and those elected officials to eventually (if ever) pass urgently needed policy, we choose to empower ourselves by organizing and employing various methods of direct action to meet our goals immediately. Some of these tactics include unifying communities and neighborhoods, mutual aid, protesting, collective bargaining, rent strikes, and raising awareness and consciousness.

What the Tucson Tenants Union doesn’t do.

No, we are not a legal resource. Tucson Tenant Union is a grassroots, anti-capitalist, tenant-led organization that fights for housing justice. We strongly recommend that you see our resources section for legal aid.

Why become a member?

Joining a collective, intersectional community of tenants who are working together toward tenant justice, builds more power to tenants to accomplish our shared goals. We recognize that as tenants, we all struggle against a capitalist system that exploits our need for housing, but individually, we are far more susceptible to harassment, coercion, and threats by landlords and the false belief that their power cannot be challenged. But, together as a group of tenants unified in our determination to overcome this exploitative dynamic, we can leverage our power in numbers to challenge this immoral system and achieve our demands.

The laws in Arizona are explicitly written to favor landlords over tenants, allowing many landlords to abuse their power. However, by knowing your rights as a tenant you can be better prepared to fight back.

***IMPORTANT NOTE: Please make sure that any communication with your landlord is WRITTEN, signed, and dated*** 

To read the Arizona Residential Landlord and Tenant Act directly, see HERE

Or, see the Rights And Responsibilities handbook for a more digestible version HERE

Landlord responsibilities: §33-1321 to §33-1331

• Landlords must meet local building and health codes, make necessary repairs, keep shared areas (hallways, playgrounds etc) clean and safe, keep electrical, plumbing, sanitary, heating, ventilation, and air conditioning systems in safe and working order, provide containers for trash and provide for the removal of trash, and supply running water along with hot water, heating, and air conditioning unless theses services are controlled by you. 

Discrimination: §33-1317

• You cannot be refused rent, charged more, or made to follow different rules than other tenants due to race, color, national origin, sex, familial status (if you have children), religion or disability. 
• A landlord can only refuse to rent to you due to children if the rental property is housing for older persons.

Deposits: §33-1321

• A landlord cannot charge you more than one and a half months' rent for the security deposit. If the deposit is nonrefundable, this must be stated in writing in the rental agreement as should any other fees (pet, etc.). If these fees are not specified in writing as non-refundable, then the landlord must return the deposit to the tenant 14 days after termination of the lease.

Rent: §33-1314

• Rent is typically due on the first of the month. If you do not pay rent when it is due, the landlord may begin to charge a late fee. Remember, this late fee should be stated in writing in the rental agreement. In addition, rent cannot be raised without a 30-day written notice for month-to-month renters. For a fixed lease, rent cannot be increased until the time of renewal.
• Arizona has a 5 day legal grace period before your rent is considered late. During this time, however, your landlord is permitted to charge late fees. Landlords in Arizona must give tenants at least five days in which to either pay the rent or move. If the tenant does neither, the landlord can file for eviction. 

Retaliation: §33-1381

• Your landlord cannot retaliate against you if you decide to exercise a legal right or for joining a tenants union. Retaliation takes place within 6 months of your actions and may look like rent increase, eviction, threats of eviction, or reduction of services.

Lock changes and service shut-offs: §33-1367

• Without a court order, your landlord cannot lock you out or remove your belongings from your rental unit. Also, your landlord cannot turn off services such as electricity, water, or heat even if you are behind in rent.

Privacy: §33-1343

• Your landlord can only enter your rental unit if they have given you a two days notice. Reasons for which a landlord may need to issue a two days notice include to make repairs, to inspect the unit, or to show the unit to prospective tenants. However, if there is an emergency, your landlord can enter your unit without providing any notice.

What counts as “written”?

It is critical that you make sure all of your communication with your landlord/property manager is in writing.  Texting does not count as writing: only email and letters do. This is important for your records and as evidence. 

Can my landlord retaliate against me for joining a tenants union?

No, under Arizona state law §33-1381 your landlord cannot retaliate against you for joining a tenants union or any other form of tenant organization.

*The Tucson Tenants Union is not a legal service. This form is not legal advice and has been simplified for our purposes. For more information, read the Arizona Residential Landlord and Tenant Act Here.*

No, this is not an eviction. There are two types of “5 Day Notice” that a landlord can issue so it is important for you as the tenant to understand what notice you have received and what the landlord’s next steps will be. 

The first is a “5 Day Notice to Pay Rent or Quit” which informs the tenant that they have 5 days to pay rent or move out. On the 6th day, if the tenant does not pay rent, the landlord may pursue an eviction action. 

The second is a “5 Day Notice to Cure or Quit” which informs the tenant that they have 5 days to fix violations that may affect the health and safety of tenants. IF the tenant moves out without making repairs, the landlord may use the security deposit to make these repairs. IF the tenant does not move out, the landlord can pursue an eviction action. 

***It is important to note that in Arizona these notices must be mailed or delivered in person. They cannot be simply placed on the premises***

How can I avoid a “5 Day Notice to Cure or Quit”?

Although we acknowledge that landlords often abuse their power and may make false accusations against tenants, tenants may wish to know how to avoid conflict with their landlord.

In Arizona, tenants have the duty to:

• comply with all applicable building codes affecting health and safety
• keep their unit clean and safe
• dispose of all trash in a clean and safe manner
• keep all plumbing fixtures clean
• use the unit's mechanical systems (including appliances and elevators) in a reasonable manner
• not deliberately or negligently damage any part of the rental (or allow another person to do so)
• conduct themselves in a peaceful manner, and
• promptly notify the landlord in writing of any situation requiring maintenance or repairs.

*The Tucson Tenants Union is not a legal service. This form is not legal advice and has been simplified for our purposes. For more information, read the Arizona Residential Landlord and Tenant Act Here.*

Can I Withhold Rent?

Maybe, but you should only do this if you have made sure that you’ve read and understood the Arizona Residential Landlord Tenant Act. The Arizona Residential Landlord Tenant Act states that landlords are required to supply utilities, running water, and “reasonable” amounts of hot water, heat, and central air-conditioning as well as other “essential services”. 

***IMPORTANT NOTE: there is a protocol to follow when withholding rent and only applies to conditions that were not caused by the tenant, tenant's family, or any other person that the tenant allowed onto the premises***

How Can I Withhold rent?

It is highly recommended that you consult with an attorney and review Arizona law thoroughly before withholding rent. However, the main steps to take are as follows:

• Provide written notice to your landlord about the issue and give them a “reasonable period of time” to fix the problem. 
• In this notice you should inform your landlord of the course of action you plan to take if they fail to fix the issue which may be (1) terminate your lease, (2) file a lawsuit asking for an injunction for repairs and/or an award of damages, (3) repair and deduct, (4) obtain reasonable amounts of the service and deduct the cost from rent, or (5) obtain substitute housing and deduct the cost from rent.

Repair and Deduct 

Under the repair and deduct option you may hire a licensed contractor to repair the service in question. However, the repair may only be worth $300 or ½ a month's rent, whichever is less. You may then deduct the cost from next month's rent and make sure to provide an itemized bill to your landlord.

Terminate Lease

A victim of domestic abuse or sexual assault may terminate their lease by following certain procedures. You will avoid liability for future rent and will not be charged early termination penalties or fees by giving your landlord/property manager a written statement stating your departure date within the next thirty days, accompanied by any one of the following:

• A copy of any protective order issued to a tenant who is a victim of domestic violence or sexual assault.
• A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence or sexual assault.

To learn more about what rights you have if you need to terminate your lease early, read through: Tenant's Right to Break a Rental Lease in Arizona

*The Tucson Tenants Union is not a legal service. This form is not legal advice and has been simplified for our purposes. For more information, read the Arizona Residential Landlord and Tenant Act Here*

Unfortunately, the landlord and tenant act does not specifically address mold which can lead to landlords not taking action or blaming you as the tenant for the appearance of mold. However, a landlord has the responsibility to provide safe and livable housing which may provide a case. Thus, as the tenant, you should conduct a detailed walkthrough of the rental unit before moving in, making sure to note anything that may appear strange. If you notice mold, you are encouraged to let your landlord know in writing. If you fail to let your landlord know, they could use this as an excuse to not act.

To learn more about what to do if mold appears in your rental unit read through this article.

*The Tucson Tenants Union is not a legal service. This form is not legal advice and has been simplified for our purposes. For more information, read the Arizona Residential Landlord and Tenant Act Here*