Addendum to AAR Lease

To all Arizona Real Estate Agents and Brokers:

  • You can help your owner/landlord by adding this addendum to the June 2016 version of the Arizona Association of Realtors “Residential Lease Agreement.”
  • The AAR Lease form complies with Arizona law, but this addendum gives your client — the owner/landlord — additional: (1) MONEY, (2) rights, and (3) remedies.

IMPORTANT:

  • You MUST be a member of the Arizona Association of REALTORS® to use AAR Residential Lease Agreement (“AAR Lease”).
  • This form CANNOT be used without also using the June 2016 version of the AAR Lease.
  • This form WILL NOT work with prior versions of the AAR Lease.
  • This Addendum was updated on August 26, 2018.

GO HERE to purchase my Addendum to the June 2016 AAR Lease.

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The Arizona Association of REALTORS® (“AAR”) is a private organization. You must be a licensed Arizona real estate salesperson or broker to be a member of AAR.

AAR drafts real estate forms and allows its members to use those forms. One of those forms is the AAR Residential Lease Agreement (referred to as the “AAR Lease”). This is a good form, BUT it was created by a committee that drafted the form to be “FAIR” to both the landlord and the tenant. That WAS NOT my objective when I drafted this Addendum.

I am a “landlord attorney,” meaning I represent landlords, not tenants. Consequently, I have drafted this Addendum to give the landlord MANY MORE rights than the landlord will have when using the AAR Lease WITHOUT my Addendum. Here are some examples:

  • With my Addendum, the landlord gets 18% pre-judgment interest and post-judgment interest. Without my Addendum, the landlord gets 10% pre-judgment interest and 5% (approximate; it  varies with the prime rate) post-judgment interest. On a $10,000 judgment, that means my Addendum gives the landlord $1,800 interest, rather than $450.00 interest, EACH YEAR, a difference of $1,350 EACH YEAR.
  • With my Addendum, the landlord is entitled to $35/hour for work performed by the landlord. Without my Addendum, the landlord is not entitled to any amount.
  • With my Addendum, the landlord is entitled to $50 Notice Fee for each notice of default sent to the tenant. Without my Addendum, the landlord is not entitled to any amount.
  • With my Addendum, the landlord is entitled to $50 Missed Appointment Fee if the tenant misses and appointment with the landlord (e.g., to inspect the property, to make repairs, etc.). Without my Addendum, the landlord is not entitled to any amount.
  • With my Addendum, the landlord is entitled to a $50 Drive-by Fee, if the landlord cannot reach the tenant by phone, email or text. Without my Addendum,the landlord is not entitled to any amount.
  • With my Addendum, the landlord is entitled to “recapture” any concessions given to the tenant (e.g., one free month of rent, etc.) for signing a fixed term lease if the tenant subsequently leaves before the end of the lease term. Without my Addendum, the landlord is not entitled to any amount.
  • With my Addendum, the tenant is not entitled to a jury trial. Without my Addendum, the tenant is entitled to a jury trial. A jury trial will add at least one full day of trial and THOUSANDS OF DOLLARS in attorney’s fees to trial that would otherwise take fifteen minutes.
  • With my Addendum, the landlord is entitled to “liquidated damages” for common tenant violations (e.g., vacating early, unauthorized pets, unauthorized occupants, etc.). Without my Addendum, the landlord is not entitled to any liquidated damages.
  • With my Addendum, the landlord may dispose of the tenant’s worthless personal property after an abandonment. Without my Addendum, the landlord must store ALL personal property (worthless or not) and then handle according to law.
  • “Normal wear and tear” is defined, rather than being up to the discretion of a judge.
  • Allows the landlord to accept a partial payment, without waiving rights AND applies partial payments in a way that is beneficial to the landlord (i.e., “first, to legal fees and court costs, then to accrued, interest on any amounts owed to Landlord, then to amounts owed for damages to the Premises, then to Late Fees, then to Notice Fees, then to any other amounts owed by Tenant to Landlord, then to unpaid past due rent and, finally, to prepaid rent.”).
  • And much more.

How do you use this Addendum?

Using my Addendum is simple. When you have a tenant sign the AAR Lease, have the tenant also sign my Addendum. That’s it! Now the landlord has MANY MORE RIGHTS and is entitled to MUCH MORE MONEY than without my Addendum.

What if AAR releases a new RLA?

That is inevitable. But if AAR releases a new RLA within ONE YEAR of your purchase, I will send you my updated version FREE!

GO HERE to purchase my Addendum to the June 2016 AAR Lease. 

This Addendum was updated on August 26, 2018.

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