Arizona Tenant Screening Laws: What Landlords Can and Cannot Do
Arizona does not cap screening fees and caps deposits at one and one-half months, but the Residential Landlord and Tenant Act, the FCRA, and fair housing law still set the rules. Here is how to screen legally in 2026.
Tenant screening in Arizona is governed lightly by state statute and heavily by federal law. The Arizona Residential Landlord and Tenant Act sets the deposit limit and a few fee rules, but it says little about how you evaluate an applicant, which makes the federal Fair Credit Reporting Act and fair housing law the real rulebook – and a written, consistent process your best protection.
This guide covers what you may screen, what you can charge, and the deposit rules under A.R.S. 33-1321. If you are new to the mechanics, our overview of how to screen tenants step by step pairs well with the Arizona-specific points below.
Video: a plain-language walkthrough of Arizona tenant screening, application fees, deposits, and adverse action.
Key Takeaways: Arizona Tenant Screening Laws
- No application-fee cap. Arizona does not limit screening fees, but they must be reasonable and tied to the actual cost of the report.
- Deposits are capped at one and one-half months’ rent under A.R.S. 33-1321, including any prepaid rent.
- Nonrefundable fees must be stated in writing. Anything not designated nonrefundable in writing is refundable.
- Return is on a fourteen-business-day clock after termination, possession, and the tenant’s demand, with an itemized list.
What Arizona Law Lets You Screen
Arizona gives landlords broad authority to evaluate an applicant. With written permission you may obtain a consumer report covering credit, rental and payment history, employment and income, and public records such as criminal convictions and civil judgments, and you may decline applicants who fail your written standards.
Because Arizona regulates so little of the process, consistency is the safeguard: write your criteria down and apply them identically to every applicant. Our guide to the minimum credit score for renting explains how to set a threshold that screens for risk without screening out a protected class.
Application Fees in Arizona: No Cap
Arizona sets no maximum on a tenant application or screening fee. The practical limits are reasonableness and consistency: tie the fee to the actual cost of the report and charge the same amount to every applicant.
Arizona does add one wrinkle worth noting: under A.R.S. 33-1321 the purpose of any nonrefundable fee or deposit must be stated in writing, and anything not designated nonrefundable is treated as refundable. Put the purpose of every charge in the lease or application in writing.
Label nonrefundable charges in writing
If you do not state in writing that a fee or deposit is nonrefundable, Arizona treats it as refundable. Spell out the purpose of every charge so an application fee does not become a deposit you owe back.
Security Deposits Under A.R.S. 33-1321
Arizona caps the security deposit, however it is denominated, at one and one-half months’ rent, and that ceiling includes any prepaid rent. A landlord cannot stack additional deposits to exceed the cap, though a tenant may voluntarily pay more in some circumstances.
After the tenancy ends and the tenant delivers possession and demands the deposit, the landlord has fourteen days, excluding weekends and legal holidays, to provide an itemized list of deductions and return the balance. Our deeper look at Arizona security deposit laws covers permitted deductions and the move-out process.
Arizona Fair Housing and Protected Classes
The Arizona Fair Housing Act tracks the federal Fair Housing Act, prohibiting discrimination on the basis of race, color, religion, sex, national origin, familial status, and disability, with HUD interpreting sex to include sexual orientation and gender identity in housing. Arizona does not add source of income as a statewide protected class.
That means a landlord is not required by state law to accept a housing voucher, though uniform treatment of every applicant remains the rule. For the federal baseline, see our Fair Housing Act guide for landlords.
Criminal History, Credit, and Eviction Records
A criminal record can be a lawful basis to decline in Arizona, but a blanket no-record policy is the most common fair housing trap. HUD’s 2016 guidance treats criminal-records screening under a disparate-impact lens, so a flat ban can violate the federal Fair Housing Act even without intent. Use an individualized assessment tied to the offense, how recent it is, and safety.
Credit history and prior evictions are cleaner when your standard is objective and consistently applied. You can read how eviction filings arise on our Arizona eviction notice laws page. Decide your criteria in advance, write them down, and never improvise them applicant by applicant.
The FCRA: Consent and Adverse Action
When you pull a screening report through a consumer reporting agency, the federal Fair Credit Reporting Act governs the transaction – and in Arizona, where state law is largely silent on screening, this is the rule that matters most. You need a permissible purpose and written authorization before ordering the report, and you must send an adverse action notice if the report drives a denial, a higher deposit, or a co-signer demand.
The notice must name the reporting agency, state that it did not make the decision, and explain the applicant’s right to a free copy and to dispute it. Our FCRA compliance guide and the companion walkthrough of the adverse action notice spell out the requirements.
Fair Housing Compliance for Arizona Landlords
The Arizona Fair Housing Act and the federal Act demand the same discipline: uniform criteria, uniform application, and documentation showing you treated every applicant by the same yardstick. In a state that regulates the process this lightly, the paper trail is your protection.
Publish your criteria before you advertise, screen every applicant against the identical standard, and keep the file. Consistency is far more persuasive than an after-the-fact explanation.
A Compliant Arizona Screening Process
Turn the rules into one repeatable sequence. First, publish objective criteria. Second, collect a reasonable, uniform fee and state the purpose of every nonrefundable charge in writing. Third, get written consent and order the report. Fourth, evaluate every applicant against the identical standard. Fifth, if you decline based on a report, send the adverse action notice promptly.
Income verification is the step landlords most often shortcut; our guide to verifying tenant income shows how to confirm ability to pay without singling anyone out. Run the same steps for every applicant and your file will tell a clean, consistent story.
Common Mistakes That Create Liability
In a permissive state the recurring errors cluster around the deposit and the written-purpose rule. Exceeding the one-and-one-half-month cap, failing to label a fee nonrefundable in writing, or missing the fourteen-business-day itemized return all create exposure. Charging uneven application fees and denying an applicant on a report without the FCRA notice round out the list.
One standard, every applicant. Arizona hands you the freedom to design your own process – which means the burden of proving it was even-handed sits with you. A single written rubric, used the same way each time, is your strongest defense.
Documentation and Recordkeeping in Arizona
Because Arizona regulates the screening process so lightly, your records are what prove it was lawful and even-handed. Keep the signed authorization for each consumer report, a dated copy of the written criteria you applied, the screening results, and every adverse action notice. A complete file showing identical treatment across applicants is the strongest answer to a fair housing complaint.
Arizona’s written-purpose rule makes the deposit paperwork especially important. Keep the lease language designating each nonrefundable charge, the itemized deduction list delivered within fourteen business days, dated move-in and move-out condition records, and repair invoices. If a charge was not labeled nonrefundable in writing, the records will show it must be returned.
Set one retention policy and apply it to every file, approved or denied. A consistent multi-year record of applications, screening results, adverse action notices, fee designations, and deposit accountings gives you the evidence to answer a discrimination inquiry or a deposit dispute. Keeping the same records for everyone is itself proof of the even-handed treatment the Arizona and federal fair housing acts require.
Do
- ✓Publish your written screening criteria before you advertise, and apply them to every applicant.
- ✓Get written authorization before pulling any report, and keep the signed consent on file.
- ✓Send an FCRA adverse action notice on every denial that rests on a consumer report.
- ✓Assess any criminal record case by case, weighing the offense, how recent it is, and safety.
- ✓Handle the security deposit and its return exactly as the state statute requires, and document it.
Avoid
- ✕Charge uneven application fees, or collect a fee with no genuine screening behind it.
- ✕Treat a permissive state as a lawless one – the FCRA and federal fair housing law always apply.
- ✕Apply a blanket ban on any criminal record, which risks a disparate-impact violation.
- ✕Improvise your standards applicant by applicant instead of following one written rubric.
- ✕Skip the deposit paperwork the statute requires, from itemization to any required notices.
Arizona Tenant Screening Laws: FAQ
Can an Arizona landlord run a background check on an applicant?
Yes. With written authorization you may obtain a consumer report covering credit, rental history, income, and criminal convictions. The federal Fair Credit Reporting Act requires a permissible purpose and consent before any screening report is pulled.
Is there a limit on application fees in Arizona?
No. Arizona does not cap tenant application or screening fees. Keep the fee reasonable, tie it to the actual cost of screening, and state the purpose of any nonrefundable charge in writing.
What is the maximum security deposit in Arizona?
One and one-half months’ rent under A.R.S. 33-1321, including any prepaid rent. The landlord must provide an itemized list and return the balance within fourteen days, excluding weekends and holidays, after the tenant delivers possession and demands it.
Does Arizona require fee purposes to be in writing?
Yes. Under A.R.S. 33-1321 the purpose of any nonrefundable fee or deposit must be stated in writing, and anything not designated nonrefundable is treated as refundable.
Is source of income a protected class in Arizona?
No. The Arizona Fair Housing Act does not list source of income, so state law does not require a landlord to accept a housing voucher. Treat every applicant by the same standard regardless.
Can an Arizona landlord deny an applicant for a criminal record?
A conviction can be a lawful reason to decline, but blanket bans are risky. HUD’s 2016 guidance warns that a flat no-record policy can create a disparate-impact violation, so use an individualized assessment tied to the offense, how recent it is, and safety.
Does an Arizona landlord have to send an adverse action notice?
Yes. If a denial, a higher deposit, or a co-signer requirement rests in any part on a consumer report, the FCRA requires an adverse action notice naming the reporting agency and explaining the right to a free report and to dispute it.
Does Arizona regulate the rest of the screening process?
Very little. Arizona leaves most of the process to the landlord, so the binding rules are mostly federal – the FCRA for the report and the federal Fair Housing Act for non-discrimination – alongside the deposit and written-purpose rules in A.R.S. 33-1321.
How long should a Arizona landlord keep tenant screening records?
Keep applications, signed authorizations, screening results, adverse action notices, and deposit accountings for every applicant – approved or denied – for several years. In Arizona, a consistent retention policy is the evidence that you treated every applicant by the same standard if a fair housing or deposit dispute later arises.
When must a Arizona landlord send the adverse action notice?
Send it promptly whenever a consumer report contributes to an adverse decision – a denial, a higher deposit, or a co-signer requirement. The FCRA notice must name the reporting agency, state that it did not make the decision, and tell the Arizona applicant how to get a free copy of the report and dispute any error.
Related Arizona and Screening Guides
- Tenant screening laws by state – compare Arizona to the rest of the country.
- Arizona security deposit laws – deductions, itemization, and the return deadline.
- Arizona eviction notice laws – notice periods and the eviction timeline.
- Arizona rent increase laws – notice rules for raising the rent.
- Arizona late fee laws – what you can charge for late rent.
- How a tenant background check works – what a report includes.
- Arizona habitability laws – your maintenance obligations as a landlord.
Screen Arizona Applicants the Compliant Way
Order FCRA-ready credit, criminal, and eviction reports and keep your Arizona process consistent from application to decision.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.
Legal Disclaimer
This article is for general informational purposes only and is not legal advice. Arizona and federal laws change, and how they apply depends on your specific facts. Before acting on any screening, fee, deposit, or fair housing question, consult a licensed attorney in Arizona. Reading this page does not create an attorney-client relationship.
