A crime free lease addendum is an addendum to a lease agreement (i.e. an agreement between a landlord and tenant) generally providing that the tenant, along with members of the tenant’s household, guests, etc. agree not to engage in criminal activity, with a breach resulting in termination of the lease agreement. We have had numerous clients contact our office to discuss the possible intersection between crime free lease addendums and community associations.
Pursuant to ARS Section 33-1260.01 / 33-1806.01, community associations are limited in the information/document they are able to require of a member on rental of that member’s property, including, the name and contact information for any adults occupying the property, the time period of the lease, including the beginning and ending dates of the tenancy, and a description and the license plate numbers of the tenants’ vehicles. Furthermore, pursuant to ARS Section 33-1260.01(G) / 33-1806.01(G), “[a]n owner may use a crime free addendum as part of a lease agreement. This section does not prohibit the owner’s use of a crime free addendum.”
As such, while owners are expressly authorized by statute to use a crime free addendum as part of a lease agreement with a tenant, a community association is generally not permitted to require a crime free lease addendum as a condition of an owner renting or leasing his/her/their lot or unit.
Please contact Mulcahy Law Firm, P.C. for answers to these questions and additional information and help with this issue.