Arizona
An Arizona lease agreement is a legally binding contract between a landlord and tenant, wherein the landlord rents their property for a fee, and the tenant agrees to the specified terms. The lease must include essential details such as the identifying information of both parties, the property address and legal description, pet policies, disclosures of safety or health risks, and rent details, including the amount, security deposit, and payment methods.
SimpleBasicLease_Arizona
Rental Lease Laws Overview
Arizona does not have rent control measures in place. There is no statutory limit on late fees, which can be specified in the lease agreement. A grace period is provided for rent payments, and landlords are not required to hold a license.
Landlords typically use rental applications to assess a potential tenant’s reliability.
Required Lease Disclosures
Landlords in Arizona must provide specific disclosures to tenants, including:
- Disclosure of Lead-Based Hazards: Required for buildings constructed before 1978.
- Bed Bug Addendum: Educational materials on bedbugs must be provided, and landlords cannot lease if aware of a current infestation.
- Secured Deposit Notice: Security deposits must be returned within 14 days of termination, along with an itemized list of deductions.
- Pass-Through Tax Notice: A 30-day written notice is required if rent adjustments are due to changes in local government taxes.
- Abandoned Personal Property Notice: Personal property may be stored for at least 14 days after a written declaration of abandonment.
- Notice of Foreclosure: Tenants must be notified in writing regarding foreclosure actions related to the property.
- Residential Landlord-Tenant Act: Landlords must inform tenants where to learn more about this Act.
- Shared Utilities Notice: Tenants must be informed if utilities are shared and how charges are calculated.
- Move-in/Move-out Form: A form should be provided, and an inspection should be conducted.
- Pool Safety Notice: Required for properties with pool access.
- Non-refundable Fees: Must be explicitly stated in the agreement.
- Management Information: Name and address of the property manager and owner must be provided.
Security Deposit
Landlords may request a security deposit of up to one and one-half month’s rent. Security deposits must be returned within 14 days after the tenant moves out, and failure to comply can lead to a lawsuit, with potential damages up to twice the deposit amount. Landlords can withhold deposits for extreme wear and tear, unpaid rent, or lease violations.
Rent Payments
Rent is due as agreed upon by the parties, and there are no rent control measures in place. Landlords can charge late fees as specified in the lease. For mobile homes, late fees are capped at $5 per day, and there is a 5-day grace period. For other rentals, there is no grace period, and landlords can issue a 5-day notice to quit for unpaid rent. Tenants may withhold rent if landlords fail to make necessary repairs within 10 days of written notice, with the amount withheld being the greater of $300 or half the monthly rent.
Landlord Right of Entry
Landlords must provide two days’ notice before entering the premises and have no other right of access except by court order. Tenants must obtain permission from the landlord to change locks and are responsible for the associated costs.
Property Repairs
Landlords are responsible for providing essential services such as hot water, gas, heat, and air conditioning. Tenants must notify landlords of major repairs at least 10 days in advance. Tenants are responsible for maintaining the property and must address health and safety issues immediately or within 14 days, or the landlord can repair the issue and bill the tenant. If a tenant leaves early, landlords must issue a 5-day notice of abandonment, after which they may reclaim the property and use the security deposit for unpaid rent. Landlords must also make reasonable efforts to re-rent the property.
Terminating a Lease
For month-to-month tenancies, leases can be terminated with a 30-day notice. If a tenant abandons the unit, landlords must inventory and hold valuable belongings for 14 days before selling or donating them.
City-Specific Considerations
While the above requirements apply at the state level, cities such as Phoenix, Mesa, and Tucson may have additional regulations for landlords and tenants. It is important to review local laws applicable to your area.
Statutes
- Ariz. Rev. Stat. Ann. §§ 33-1321(A) – Security Deposit Maximum
- Ariz. Rev. Stat. Ann. §§ 33-1321(B) – Nonrefundable Fees
- Ariz. Rev. Stat. Ann. §§ 33-1321(C) – Notice of Date/Time of Move-Out Inspection
- Ariz. Rev. Stat. Ann. §§ 33-1321(D) – Deadline for Returning Security Deposit
- Ariz. Rev. Stat. Ann. §§ 33-1321(E) – Failure to Comply with Security Deposit Return
- Ariz. Rev. Stat. Ann. §§ 33-1314(C) – When Rent Is Due
- Ariz. Rev. Stat. Ann. §§ 33-1414(C) – Late Fees for Manufactured Homes
- Ariz. Rev. Stat. Ann. §§ 33-1414(A4) – Rent Grace Period for Manufactured Homes
- Ariz. Rev. Stat. Ann. §§ 33-1364 – Tenant Allowed to Withhold Rent for Essential Services
- Ariz. Rev. Stat. Ann. §§ 33-1363 – Tenant Allowed to Repair and Deduct Rent
- Ariz. Rev. Stat. Ann. §§ 12-341.01 – Landlord Allowed to Recover Court and Attorney Fees
- Ariz. Rev. Stat. Ann. §§ 33-1370(C) – Landlord Must Mitigate Damages to Lessee
- Ariz. Rev. Stat. Ann. §§ 33-1370(E) – Tenant’s Personal Property Held by Landlord
- Ariz. Rev. Stat. Ann. §§ 33-1370(F) – Record Keeping of Sale of Tenant’s Property
- Ariz. Rev. Stat. Ann. §§ 33-1375(A) – Notice to Terminate Tenancy (Week-to-Week Lease)
- Ariz. Rev. Stat. Ann. §§ 33-1375(B) – Notice to Terminate Tenancy (Month-to-Month Lease)
- Ariz. Rev. Stat. Ann. §§ 33-1375(C) – Tenant Holdover
- Ariz. Rev. Stat. Ann. §§ 33-1368(A) – Termination for Lease Violation
- Ariz. Rev. Stat. Ann. §§ 33-1368(B) – Lease Termination for Nonpayment
- Ariz. Rev. Stat. Ann. §§ 33-1368(A2) – Termination of Lease for Falsification of Information
- Ariz. Rev. Stat. Ann. §§ 33-1343(A) – Entry Allowed with Notice for Maintenance and Repairs
- Ariz. Rev. Stat. Ann. §§ 33-1343(C) – Emergency Entry Allowed without Notice
- Ariz. Rev. Stat. Ann. §§ 33-1343(D) – Required Notice before Entry
- Ariz. Rev. Stat. Ann. §§ 33-1367 – No Lockouts or Utility Shut-offs Allowed
- Ariz. Rev. Stat. Ann. §§ 33-1324 – Landlord Responsibilities
- Ariz. Rev. Stat. Ann. §§ 33-1341 – Tenant Responsibilities
- Ariz. Rev. Stat. Ann. §§ 33-1902 – Recording of Rental Property
- Ariz. Rev. Stat. Ann. §§ 33-1902 – Business License Required
- Ariz. Rev. Stat. Ann. §§ 33-1322 – Disclosure of the Landlord and Tenant Act
- Ariz. Rev. Stat. Ann. §§ 33-1319 – Bedbug Infestation Regulations
- Ariz. Rev. Stat. Ann. §§ 33-1318(A) – Domestic Violence Situations: Proof of Status
- Ariz. Rev. Stat. Ann. §§ 33-1318(E) – Changing Locks in Domestic Violence Situations
- Ariz. Rev. Stat. Ann. §§ 33-1381 – Assumption of Retaliation
- Ariz. Rev. Stat. Ann. §§ 33-1370(C) – Landlord Must Mitigate Damages to Lessee
- Ariz. Rev. Stat. Ann. §§ 33-1370(E) – Tenant’s Personal Property Held by Landlord
- Ariz. Rev. Stat. Ann. §§ 33-1370(F) – Record Keeping of Sale of Tenant’s Property
- Ariz. Rev. Stat. Ann. §§ 22-503 – Arizona Small Claims Court Limits
- Ariz. Rev. Stat. § 44-6852 – Dishonored checks; service fee
FAQs
In Arizona, landlords must provide several disclosures in a lease agreement, including lead-based hazard notifications for buildings built before 1978, bed bug information, security deposit return policies, and notices regarding shared utilities. Additionally, landlords must inform tenants about the Arizona Residential Landlord-Tenant Act and provide a pool safety notice if applicable.
In Arizona, landlords can request a security deposit of up to one and one-half month’s rent. Tenants may voluntarily pay more than this amount, but the maximum limit is set to ensure affordability.
Landlords in Arizona must return a tenant’s security deposit within 14 days after the tenant moves out. If the landlord fails to do so, the tenant may sue for damages, which can be up to twice the amount of the deposit.
Tenants in Arizona have the right to request essential repairs, such as hot water and heating, and must give landlords at least 10 days’ notice for major repairs. If repairs are not made within this timeframe, tenants can withhold rent, up to the greater of $300 or half of the monthly rent.
Yes, landlords in Arizona can charge late fees as specified in the lease agreement, and there are no statutory limits on these fees. However, for mobile homes, the late fee is capped at $5 per day, and there is a 5-day grace period for rent payments.
In Arizona, landlords must provide tenants with at least two days’ notice before entering the rental premises. This requirement ensures tenant privacy and allows them to prepare for the landlord’s visit.
If a tenant abandons their rental property in Arizona, the landlord must issue a 5-day notice of abandonment. After this notice, the landlord can reclaim the property and use the security deposit for unpaid rent, but they must also make reasonable efforts to re-rent the property.
No, Arizona does not have any rent control laws, allowing landlords to set rental prices without restrictions. This means that rent amounts can vary widely based on the market and property conditions.