A summary of Arizona Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlord)
The purpose of all nonrefundable fees or deposits must be stated in writing. Any fee or deposit not designated as nonrefundable is refundable. (Ariz. Rev. Stat. § 33-1321)
Landlord must provide tenant with a move-in checklist. Tenants also have the right to be present when the landlord performs a move-out inspection. (Ariz. Rev. Stat. § 33-1321)
If landlord charges separately for gas, water, wastewater, solid waste removal, or electricity by installing a submetering system, landlord may recover the charges imposed on the landlord by the utility provider, plus an administrative fee for the landlord for actual administrative costs only, and must disclose separate billing and fee in the lease. If landlord uses a ratio utility billing system, the rental agreement must contain a specific description of the ratio utility billing method used to allocate utility costs. (Ariz. Rev. Stat. § 33-1314.01)
Landlord must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands.(Ariz. Rev. Stat. § 33-1322)
If the landlord pays a local tax based on rent and that tax increases, landlord may pass through the increase by increasing the rent upon 30 days’ notice (but not before the new tax is effective), but only if the landlord’s right to adjust the rent is disclosed in the lease. (Ariz. Rev. Stat. § 33-1314)
Landlord must inform the tenant in writing that the Residential Landlord and Tenant Act is available on the Arizona department of housing’s website. (Ariz. Rev. Stat. § 33-1322)
Landlords must provide existing and new tenants with educational materials on bedbugs, including information and physical descriptions, prevention and control measures, behavioral attraction risk factors, information from federal, state, and local centers for disease control and prevention, health or housing agencies, nonprofit housing organizations, or information developed by the landlord. (Ariz. Rev. Stat. § 33-1319)
Security Deposit Limit
A landlord may charge the equivalent of one and one-half months’ rent for the security deposit.
Deadline for Returning Security Deposit
Landlords must return a tenant’s security deposit, with an itemized statement of any deductions, within 14 days after the tenant has moved out. The tenant has the right to be present at the final inspection. Nonrefundable fees collected from the tenant must have been disclosed in the lease. All fees not designated as nonrefundable are deemed refundable under Arizona landlord-tenant law.
Security Deposit Exemptions
Employees of the landlord, such as an onsite manager, whose right to occupancy is conditioned upon employment in and about the premises is not covered under Arizona state law with regard to security deposits.
Small Claims Lawsuits
Tenants can sue landlords in Justice of the Peace Court to resolve security deposit and other disputes up to $2,500.
Rent is legally due on the date specified in your lease agreement. If you don’t pay rent when it is due, the landlord may begin charging you a late fee. Under Arizona law, late fees must be written in the lease agreement and must be reasonable such as 5% of the monthly rent amount.
Bounced Check Fees
Arizona allows landlords to collect a service fee of no more than $25 in addition to what the landlord’s bank charges for processing the check.
A landlord must give tenants at least 30 days’ written notice to raise rent or change another term of a month-to-month lease. Landlords may not increase rent until the lease ends unless the lease specifically states an increase is to occur at a particular time.
Retaliation or Discrimination
Landlords may not increase rent in a discriminatory or retaliatory manner against tenants.
Tenant’s Right to Withhold Rent
Tenants may withhold rent or exercise the right to fix a problem and deduct the repair amount if a landlord fails to act in a timely manner. Before exercising any right such as withholding rent, you should give written notification of the problem to the landlord and allow him or her a reasonable amount of time to resolve the problem.
- For rent withholding, see Ariz. Rev. Stat. Ann. § 33-1365.
- For making repairs and taking deductions, see Ariz. Rev. Stat. Ann. § 33-1363 to -1364.
Termination and Eviction
Unconditional quit termination notices must allow the following number of days before an eviction can be filed:
- 10 days – Material misrepresentation of criminal record, current criminal activity, or prior eviction record
- Immediately – Discharging a weapon, homicide, prostitution, criminal street gang activity, use or sale of illegal drugs, assaults, acts constituting a nuisance or breach of the rental agreement that threaten harm to others
Lease termination notices due to lease violations must allow the following number of days to correct the violation:
- 5 days – for violations materially affecting health and safety
- 10 days – for other violations of the lease terms.
Right to Access Property
Landlords must provide two days notice before entry.
- The rental agreement of a landlord (who is governed by public housing laws) shall not provide that the tenant must waive his/her right to summon a peace officer or other emergency assistance in response to domestic violence incident.
- Court may grant one party exclusive possession of the residence shared by parties if there “is reasonable cause to believe that physical harm may otherwise result”
Arizona Lease Agreement
Arizona Landlord-Tenant Law Statutes
Arizona Rev. Stat. Ann. §§ 12-1171 to 12-1183; 33-1301 to 33-1381; 33-301 to 33-381.