Arizona Residential Lease Agreement

Important Information for Arizona Landlords

Arizona Rental Law Highlights

Security Deposits (A.R.S. § 33-1321)

• Maximum Amount: 1.5 months rent (most residential properties)
• Return Timeline: 14 business days after termination to return deposit or provide itemized statement
• Move-In Inspection: Tenant must be given opportunity to inspect and document condition
• Move-Out Inspection: Tenant has right to be present at final inspection
• Itemized Statement Required: Must provide detailed list of deductions with amounts
• Normal Wear and Tear: Cannot deduct for ordinary wear and tear
• Penalties: Failure to comply may result in forfeiture of right to withhold plus damages
• Interest: Not required on security deposits

Rent and Rent Increases

• No Rent Control: Arizona prohibits rent control
• No Notice Required: For fixed-term lease expiration
• Month-to-Month: 30 days notice required for rent increase or termination
• Late Fees: Must be reasonable and specified in lease
• Grace Period: 5 days before late fees can be charged (common practice)
• NSF Fee: Reasonable fees allowed for returned checks

Required Disclosures (A.R.S. § 33-1322)

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Landlord or authorized agent name and address (in writing)
• Move-in inspection checklist
• Bedbug disclosure and information (A.R.S. § 33-1319)
• Smoke detector information
• Pool safety requirements (if applicable)
• Shared utility arrangements (A.R.S. § 33-1314.01)
• Mold disclosure (if known)

Eviction and Termination (A.R.S. § 33-1368, 33-1375)

• 5-Day Notice: For nonpayment of rent (opportunity to cure)
• 10-Day Notice: For material health/safety violations (opportunity to cure)
• Immediate Notice: For irreparable breach or criminal activity
• 30-Day Notice: To terminate month-to-month tenancy (either party)
• Special Detainer Action: Court process required for eviction
• No Self-Help: Lockouts and utility shutoffs are illegal (A.R.S. § 33-1367)

Landlord Obligations (A.R.S. § 33-1324)

• Habitability: Must maintain premises in fit and habitable condition
• Essential Services: Running water, hot water, heating, AC (if provided), electricity
• Air Conditioning: Must maintain if provided (critical in Arizona heat)
• Building Codes: Must comply with applicable codes
• Structural Soundness: Roof, walls, floors in good repair
• Smoke Detectors: Must install and maintain working detectors
• Common Areas: Must keep safe, clean, and in good repair
• Pest Control: Generally landlord responsibility
• Pool Safety: Must comply with pool safety requirements if applicable

Entry Requirements (A.R.S. § 33-1343)

• 48-Hour Minimum Notice: Must give at least 2 days notice
• Reasonable Times: Entry must be during reasonable hours
• Emergency Exception: Can enter without notice in emergency
• Abandonment: Can enter if property appears abandoned
• Permitted Purposes: Inspection, repairs, showing property, court order

Tenant Rights and Protections

• Repair Rights (A.R.S. § 33-1361 to 33-1364): Can withhold rent or repair and deduct after proper notice
• Retaliation Protection (A.R.S. § 33-1381): Cannot retaliate for complaints or organizing
• Privacy Rights: Must give 48-hour notice for entry
• Domestic Violence Protection (A.R.S. § 33-1318): Early termination rights for victims
• Military Service: SCRA protections for active duty members

Pet Policies

• Pet Deposits: Can charge additional pet deposit (within 1.5 month limit)
• Pet Rent: Can charge monthly pet rent
• Non-Refundable Fees: Can charge non-refundable pet fees if disclosed
• Service Animals: Must allow under Fair Housing Act; no fees permitted
• Assistance Animals: Must accommodate with proper documentation
• Breed Restrictions: Generally allowed but check local ordinances

Arizona-Specific Considerations

Air Conditioning Requirements (A.R.S. § 33-1324)

• If AC provided, landlord must maintain it in working condition
• AC is considered essential in Arizona’s extreme heat
• Failure to provide working AC can be habitability issue
• Tenant can exercise repair remedies if AC not working
• Include AC maintenance provisions in lease

Move-In/Move-Out Inspection (A.R.S. § 33-1321)

• Must give tenant opportunity to inspect at move-in
• Provide detailed checklist documenting condition
• Tenant has right to be present at move-out inspection
• Take photos/videos at move-in and move-out
• Both parties should sign inspection report

Desert Climate Considerations

• Extreme heat: AC maintenance is critical
• Water conservation: Specify lawn/landscaping responsibilities
• Pool maintenance: Common in Arizona, specify responsibilities
• Pest control: Scorpions, spiders common (specify responsibility)
• Dust storms: Address exterior maintenance
• Low humidity: May affect wood/finishes

Bedbug Disclosure (A.R.S. § 33-1319)

• Must disclose known bedbug infestation history
• Provide bedbug information sheet to new tenants
• Landlord responsible for treatment unless caused by tenant
• Tenant must cooperate with treatment
• Cannot evict solely for bedbug infestation

Shared Utility Arrangements (A.R.S. § 33-1314.01)

• If utilities not individually metered, must disclose
• Must provide reasonable method for allocation
• Cannot charge more than actual cost plus admin fee
• Must disclose billing method in writing

Pool Safety Requirements

• Arizona has strict pool safety laws
• Proper fencing and barriers required
• Gate must be self-closing and self-latching
• Landlord typically responsible for safety compliance
• Include pool rules and safety provisions in lease

Fair Housing Requirements

Best Practices for Arizona Landlords

• Use written leases for all tenancies
• Conduct thorough move-in/move-out inspections with photos
• Provide all required disclosures before tenant signs
• Comply with 14-business-day security deposit return timeline
• Provide itemized list of deductions with amounts
• Give minimum 48-hour notice before entry
• Respond promptly to repair requests (especially AC)
• Keep detailed records of all transactions
• Address climate-specific issues (AC, pool, landscaping, pest control)
• Never use self-help eviction methods
• Follow proper special detainer procedures
• Maintain AC in working condition (critical in Arizona)
• Comply with pool safety requirements if applicable
• Consider landlord insurance
• Join Arizona Multihousing Association or local landlord groups

Abandoned Property (A.R.S. § 33-1370)

• Property presumed abandoned under certain conditions
• Must store abandoned personal property
• Must notify tenant at last known address
• Can dispose after 14 days
• Proceeds apply toward unpaid rent/damages

Rental Agreement Termination by Tenant (A.R.S. § 33-1375)

• 30 days written notice for month-to-month
• Tenant can terminate early if landlord materially breaches
• Domestic violence victims have early termination rights
• Military service members have SCRA protections

Landlord’s Lien

• Arizona does not provide statutory landlord’s lien
• Cannot seize tenant’s property for unpaid rent
• Must use eviction process and judgment collection

Rerental Fee (A.R.S. § 33-1321)

• Can charge reasonable fee to re-rent property
• Fee must be specified in lease
• Must mitigate damages by attempting to re-rent
• Cannot collect double rent

Phoenix and Local Ordinances

• Phoenix has additional rental registration requirements for certain properties
• Various cities may have additional requirements
• Check local building and housing codes
• Verify local business license requirements

Resources

• Arizona Revised Statutes (A.R.S.) – Title 33, Chapter 10 (Residential Landlord-Tenant Act)
• A.R.S. § 33-1321 (Security Deposits)
• A.R.S. § 33-1324 (Landlord Obligations)
• A.R.S. § 33-1343 (Entry Rights)
• A.R.S. § 33-1368 (Noncompliance with Rental Agreement)
• Arizona Department of Housing
• Arizona Multihousing Association
• State Bar of Arizona – Real Property Section
• Local legal aid societies