Independent Living in Arizona

When people picture an ideal retirement scenario, Arizona is often what comes to mind. “The Grand Canyon State” has an abundance of warm, dry weather — which means anyone who suffers from seasonal allergies or asthma will find relief in Arizona’s desert climate — and its almost otherworldly natural landscapes provide countless opportunities for outdoor activities, exercise, and serenity. The trails throughout national parks like Saguaro and Petrified Forest capture the rugged mystique of the Southwest, and don’t worry, there’s no shortage of golf courses. Plus, considering the state doesn’t tax residents on social security income, it’s clear why so many Americans find peace of mind — and body — while retiring in Arizona. Currently, A Place for Mom partners with more than 190 independent living communities in Arizona.

The median monthly cost of independent living in Arizona is about $2,300.

Independent living communities are not licensed or inspected like assisted living or nursing home facilities because they are not considered senior care communities. Standalone independent living communities are typically run like any other rental community, aside from their age requirement, which usually starts at 55. Because these senior living communities don’t include care services, there is often a health limit as well, meaning the senior should not require care services to live there. Other than these age and health limits, they abide by the general rental laws and regulations of the area.

Typical rental laws to manage the landlord-tenant relationship in Arizona include things like:

• Both parties must follow the lease agreement.
• Landlords handle all maintenance and repairs to keep the unit in livable condition.
• Landlords provide access to functioning heat, air conditioning, water, gas, and electricity.
• If the renter has a disability, the landlord should make accommodations to ensure ADA compliance of the unit and community grounds. Some examples include allowing the tenant to make adjustments to their unit, like grab bars in showers. A landlord should also provide ramps and a working elevator to accommodate persons in wheelchairs.
• Tenants must keep their units in good condition and can’t modify the apartment without permission from their landlord.

Aside from the occasional landlord inspection to ensure the functionality of the unit, independent living communities do not have inspections by governing bodies unless they are considered low-income communities and accept subsidies.

You can review the Arizona Residential Landlord and Tenant Act for a more detailed list of renter’s rights in this state.

In some cases, an independent living community will be on the same campus as an assisted living facility. The community might be divided into wings, in which case, the assisted living wing will be regulated differently than the independent living wing. This is because assisted living facilities are considered health care facilities, so they must follow a specific set of state laws and regulations.

For an outline of Arizona’s assisted living regulations and how to look up violations, check out our Arizona assisted living page. You can also look up inspection reports for assisted living facilities in Arizona using the Arizona Department of Health’s Assisted Living Provider Search.

Arizona Department of Health contact information

Arizona Department of Health
150 North 18th Avenue
Phoenix, Arizona 85007

Phone: 602-542-1025

Fax: 602-542-0883

Violations

Arizona does not have an agency specifically dedicated to monitoring senior independent living community violations. Because independent senior living communities are regulated no differently than other rental properties, like apartments, disputes are typically settled between the renter and the landlord. If that is not possible, Arizona laws enable renters to file lawsuits against landlords for specific violations.

If you feel your landlord is in direct violation of your lease, your renter rights, or ADA laws, the first step is to inform your landlord in writing more than once of any issues. If issues are ignored, or worse, you feel you are being retaliated against due to your complaints, you can break your lease and file a lawsuit. This is especially true if you feel you were evicted because of your complaints. It’s recommended to consult with an attorney if you want to take these steps.

You can terminate your lease or even take legal action against a landlord in Arizona if the following is true:

• The landlord violated the rental contract.
• The landlord locks the renter out of the unit or stops providing gas, water, electricity, or other essential services in order to push the renter out.
• The landlord retaliates against the renter for making complaints. Retaliation by the landlord could include increased rent, decreased services, eviction, or threat of eviction.
• The landlord enters the rental unit without a notice or enters the unit to harass the tenant.
• The landlord intentionally decreases the value of the rental by withholding essential services and failing to maintain the unit.

Check out the Arizona Court’s website to understand more about the types of claims you can make against your landlord when violations are present.

Through the People’s Clerk free and helpful legal blog, you can also learn when and how to file a claim against a landlord in the state of Arizona.