More and more landlords in AZ have been requiring tenants to sign “crime-free lease addendums” in rental agreements as a condition of letting them rent.
These addendums let landlords evict tenants right away by simply claiming (even without evidence) that the tenant has done something illegal. No proof is needed. There doesn’t need to be an arrest or a conviction. Basically, no due process.
The Intersection of Public Health and Housing – AZPHA
Drug use is often the focus. A landlord can allege a tenant used illegal drugs, even something like “magic mushrooms” and use that as an excuse to evict. This can happen even if the tenant has paid rent on time and isn’t breaking any term of the lease agreement.
Arizona’s Residential Landlord and Tenant Act already makes eviction easy. For example, a tenant can be forced out in as little as 30 days for being just 5 days late on rent. Crime-free lease addendums make it even easier.
Arizona Republic’s Hannah Dreyfus’ Series:
Protecting Your Housing Rights: A Primer on AZ’s ‘Fair Housing’ Law
Arizona renters sign away protections with crime-free lease addendum
Arizona renters can lose housing aid even when evictions are dropped
What renters in Arizona should know about crime-free lease addendums
Being evicted in Arizona often means losing access to shelter in extreme heat (unlike other states Arizona’s landlord tenant allows evections even during extreme weather). In 2024, more than 600 people died from heat-related causes in the state. People without housing are at far greater risk, over 500 times the risk of people who are housed.
Maricopa County Heat Deaths in 2023: A Crisis for the Homeless & a Call for Housing Reform
When a landlord can remove someone from their home based only on an unverified claim like alleged illegal drug use, it increases the chance that more people will end up living outside during the summer. This puts lives in danger.
Attorney General Mayes is looking into whether crime-free lease addendums are legal. But an investigation alone won’t fix the problem, we need a change in the law:
- Ban lease clauses that allow eviction based only on an allegation.
- Require real evidence before eviction, like a conviction or at least a serious felony indictment.
- Prevent eviction during extreme heat except in cases where there’s a clear safety threat.
Landlords shouldn’t be able to evict people without proof. It’s time for the Legislature to forbid crime-free lease addendums. Without action, more people will lose their apartments based on simple claims and more lives will be at risk in the summer heat.
See the PowerPoint on this Topic I’m Presenting at this Week’s AZDHS Public Health & Housing Summit Registration
