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Arizona Landlord-Tenant Laws

Arizona Landlord Tenant LawsThis article is intended to be an online resource for Arizona landlords.  We summarize key Arizona Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Arizona Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

 

 

Quick Facts for Real Estate Investors Considering Arizona

Arizona landlord-tenant laws are considered Landlord friendly.

There are 5.4 million residents in Arizona.  Major metropolitan markets in Arizona are:

        Phoenix: Estimated population of 4,857,962, which 36% of residents are renter occupied.

        Tucson: Estimated population of 1,039,073, which 38% of residents are renter occupied.

        Flagstaff: Estimated population of 73,964, which 45% of residents are renter occupied.

 

Jump to Different Arizona Landlord Tenant Laws

 

 

 

 

SECURITY DEPOSIT LAWS IN ARIZONA

 

Does Arizona require security deposits? 

Arizona does not require security deposits.

Is a security deposit receipt required in Arizona? 

Arizona does not require landlords to provide a receipt of security deposit.

How much security deposit can a landlord charge in Arizona? 

In Arizona, a landlord can charge one and one-half month’s rent for security deposit.  According to (Ariz. Rev. Stat. Ann. §§ 33-1321(A))

Storage Requirements for Security Deposits in Arizona:

No statute

Can security deposits be commingled with other assets in Arizona? 

Arizona landlords can commingle their security deposits with other assets.  However, it is always recommended to keep them separated.  Arizona has no statute.

Do landlords have to pay interest on security deposits in Arizona? 

Not required

When must a landlord return the deposit by in Arizona? 

In Arizona, landlords have 14 days, excluding weekend days and legal holidays to return the security deposit.  According to (Ariz. Rev. Stat. Ann. §§ 33-1321(D))

When can a landlord in Arizona withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may without all or portions of a tenant’s security deposit if:
•  Damage in excess of normal wear and tear
•  Unpaid rent
•  breach of lease

Landlords must include a list with the remaining security deposit.  That list must be sent via first-class mail.  According to (Ariz. Rev. Stat. Ann. §§ 33-1321(D)).

Nonrefundable fees: 

Allowed but Arizona requires the fee to be written in the lease agreement.  According to (Ariz. Rev. Stat. Ann. §§ 33-1321(B))

Pet Deposits and Additional Fees:

Arizona Allowed pet deposit.  Landlords cannot exceed one and one-half month’s rent.  See state statue (Ariz. Rev. Stat. Ann. §§ 33-1321(A))

Require written description / itemized list of damages and charges?

Landlords are required to provide written and itemized list of damages, sent via first-class mail.  (Ariz. Rev. Stat. Ann. §§ 33-1321(D))

What happens to Arizona landlords that fail to comply returning the security deposit?

When landlords in Arizona fail to comply with state law Ariz. Rev. Stat. Ann. §§ 33-1321(D), they can be penalized twice the amount wrongfully withheld.  According to the penalty statue listed at (Ariz. Rev. Stat. Ann. §§ 33-1321(E)).

 

 

 

 

 

RENTAL AGREEMENT LAWS IN ARIZONA

 

Rental agreements required in Arizona:

Tenancies 12 months or longer in Arizona require a rental agreement.  If tenancy is less, it is still encouraged to create a written rental agreement.  If you need a lease, Burbz offers an online Arizona rental lease agreement.

What are the required lease provisions in Arizona?

Arizona requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:
•  Conditions of Occupancy
•  Description of the leased premises
•  Term of the Lease
•  Amount of Rent
•  Rent due date

It is also strongly recommended to include these provisions:
•  Liable party for utility expenses
•  Penalties for late rent payments
•  Landlord’s responsibilities
•  Tenant’s responsibilities
•  Pet policies
•  Security Deposit
•  Cleaning Fees
•  Other fees

 

What are the rental agreement notice requirements in Arizona: 

Fixed-End or Year-to-Year: No notice.
Month-to-Month: 30 days or more from lease expiration. (Ariz. Rev. Stat. Ann. §§ 33-1375(B))
Week-to-Week: 10 days or more from lease expiration.  (Ariz. Rev. Stat. Ann. §§ 33-1375(A))

What happens when the tenant remains without consent after the rental agreement expires or terminates?

If the tenant’s holdover is not in good faith or willful, the landlord can financially recover an amount equal to not more than two months’ rent or twice the actual damages.  Whichever is greater.(Ariz. Rev. Stat. Ann. §§ 33-1375(C))

Does the lease automatically renew in Arizona? 

Yes

Rent Increase Notice:

No statute.

Rent Grace Period for Residential:

No statute.

Rent Grace Period for Manufactured Homes:

Five days for manufactured homes. (Ariz. Rev. Stat. Ann. §§ 33-1414(A4))

Prepaid Rent:

Maximum landlords can demand is no more than one and one-half month’s rent for the total deposit.  Tenants can voluntarily pay more than the one and one-half month’s rent in advance if they choose to.  (Ariz. Rev. Stat. Ann. §§ 33-1321(A))

 

 

 

 

 

Late Fees and Limits in Arizona

Late Fees for Residential:

No statute. 

Late Fees for Manufactured Homes:

Cannot exceed five dollars per day.  (Ariz. Rev. Stat. Ann. §§ 33-1414(C))

Rent Grace Period for Manufactured Homes:

Cannot exceed five dollars per day. (Ariz. Rev. Stat. Ann. §§ 33-1414(A4))

 

 

 

 

ARIZONA LEASE TERMINATIONS / NOTICES TO QUIT

 

In Arizona, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Arizona?

Arizona requires 5 days to remedy or quit.  (Ariz. Rev. Stat. Ann. §§ 33-1368(B))

How many days must a landlord allow before terminating for a Lease Violation?

If the tenant breaches the Lease Agreement, Arizona requires landlords to provide 10 days to remedy or quit.  If the tenant’s breach affects health and safety, only 5 days are required.  (Ariz. Rev. Stat. Ann. §§ 33-1368(A) and 33-1314)

How many days when terminating for Falsification of Information? 

If the tenant falsified information on criminal record, previous eviction record, or current criminal activity, landlords can provide a 10 days notice.   (Ariz. Rev. Stat. Ann. §§ 33-1368(A2))

Arizona allows immediate lease termination if the tenant is response for:
•  Illegal discharge of a weapon
•  Homicide
•  Prostitution
•  Criminal Street Gang Activity
•  Unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance
•  Threatening or intimidating
•  Assault
•  Acts found to constitute a nuisance
•  Acts that jeopardizes the health, safety and welfare of the landlord, landlord’s agents or other tenants
•  Imminent or actual serious property damage

More information at (Ariz. Rev. Stat. Ann. §§ 33-1368(A2))

 

 

 

 

 

ARIZONA LAWS ON REPAIRS

 

Arizona tenants are legally allowed to make repairs and deduct the cost from rent.  However, the following protocol must be followed before doing so:

How many days must the tenant give for non-emergency repairs? 

10 days for non-emergencies.  If the landlord fails to address the problem, the tenant may fix the problem is it is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is great.  (Ariz. Rev. Stat. Ann. §§ 33-1363)

Can tenant without rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Yes.  (Ariz. Rev. Stat. Ann. §§ 33-1364)

 

 

 

 

ARIZONA LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

Arizona defines certain responsibilities for landlords, including:

•  Must comply with all applicable building codes affecting health and safety
•  Must keep all common areas in a clean and safe condition

•  Must supply running water and reasonable amounts of hot water, at all times.

Must maintain facilities and applicances in good and working order, including:
•  Electrical
•  Plumbing
•  Heating
•  Ventilating
•  Air Conditioning
•  Running water with reasonable amounts of hot water

More information at (Ariz. Rev. Stat. Ann. §§ 33-1324).

 

Do landlords have to provide appliances and services?

Not required.

 

 

 

 

ARIZONA TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise.  (Ariz. Rev. Stat. Ann. §§ 33-1341)

 

 

 

 

 

ARIZONA EVICTION LAWS

 

Arizona requires a landlord to file a special detainer action to evict a tenant.

Landlords may evict tenants for the following:
•  Not paying rent
•  Violation of lease / Breach of contract
•  Committing a crime

Eviction Process for Landlords:

1.  Notice
Landlords must provide the tenant with proper notice of the eviction proceedings.  Landlords are required to deliver notice by hand or by registered and certified mail.

2.Complaint
Landlords must file a complaint to the court which their rental unit is located.  Justice court if less than $10,000.  Or else, Superior Court in the county.

3.Summons
Both parties receive a summon for a date of the eviction hearing.  Tenants also receive a copy of the complaint.  If the tenant decides to fight eviction, the tenant must be present at the hearing.  Tenants can also request a brief postponement of the hearing with good cause.

4.Hearing
A judge listens to the landlord and tenant regarding the case.  The judge will then decide on whether the tenant is to be evicted or not.

 

Can landlords do a ‘self help’ eviction?

In Arizona, it is illegal for landlords to attempt to evict a tenant not through a court order.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks.

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities.

Tenants may not be evicted for non-payment of rent if:

    •  Tenant has paid rent in full

    •  If rent was paid by the tenant during the five days grace period, then the landlord cannot proceed with the eviction. 

    •  If the tenant pays rent after the five days but before the eviction was filed by the landlord, Arizona law states the tenant is allowed to stop the eviction.  The tenant must pay all the rent due, plus late fees and any landlord’s court and attorney fees.

 

 

 

 

 

ARIZONA LAWS ON RETALIATION

 

Arizona laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

•  Tenant submitted a complaint to government agency for building or health code violation
•  Tenant has sent written complaints to the landlords about repairs
•  Tenant has complained to government agency for enforcing the wage-price stabilization act

If a landlord responds negatively within six months, it is assumed to be retaliation. (Ariz. Rev. Stat. Ann. §§ 33-1381)

 

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

A landlord cannot discriminate against prospective tenants or tenants because they have been a victim of domestic violence, sexual assault, rape or stalking.

 

 

Verify Claim: 

A landlord is allowed to verify claim of Domestic Violence.  (Ariz. Rev. Stat. Ann. §§ 33-1318(A))

 

Can a tenant terminate the least if they are a victim of domestic violence:

Arizona state law says a tenant with proof of Domestic Violence status is allowed to terminate the lease without penalty.

 

Who is responsible for Recovery of Losses:

Landlords can hold the offender in a Domestic Violence situation liable for all losses incurred due to the early termination of a lease.   (Ariz. Rev. Stat. Ann. §§ 33-1318(H1))

 

Must Landlords Change Locks:

If requested by a victim of Domestic Violence, a landlord must change the locks.  Cost of the lock is at the tenant’s expense.  (Ariz. Rev. Stat. Ann. §§ 33-1318(E))

 

 

 

 

ARIZONA LAWS FOR LOCKS AND LANDLORDS

 

Are landlords requested to change locks before new tenants:

Before new tenants moves in, landlords are not required to change the locks.  It is always recommended to do so.

 

Are landlords required to install any specific security device:

Landlords are not required to provide or install security devices.

 

Do landlords have to change locks for domestic violence victims:

If requested, landlords must change locks after a domestic violence occurrence.  Paid at the tenant’s expense.  (Ariz. Rev. Stat. Ann. §§ 33-1318(E))

 

 

 

 

 

ARIZONA PET LAWS & PET POLICIES

Arizona does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

What are the max pet deposits in Arizona:
Landlords may not charge a pet deposit that exceeds one and one-half month’s rent.  (Ariz. Rev. Stat. Ann. §§ 33-1321(A))

 

Damages from Pets:

Landlords are Required to provide written description and itemized list of damages and charges.

 

 

 

 

DO LANDLORDS IN ARIZONA NEED A RENTAL LICENSE?

 

Landlords do not need a rental license in Arizona.  (Ariz. Rev. Stat. Ann. §§ 33-1902)

However, landlords and owner of a residential rental property, is required to register the property.   This must be done with the county assessor.

 

 

 

 

NOTICE OF ENTRY LAWS IN ARIZONA

Do landlords in Arizona have to provide notice of entry? 

Landlords are required to provide 48 hours’ notice for normal circumstances entry.    This includes:

•  Non-emergency maintenance and repairs
•  Showing prospective tenants the unit
•  If premises appear to be empty and abandoned

When can a landlord enter without notice:

According to (Ariz. Rev. Stat. Ann. §§ 33-1343(D)), landlords may enter:
•  Emergencies
•  During the tenant’s extended absence
•  Pesticide use

 

Can landlords enter for non-emergency maintenance and repairs?

Yes.  (Ariz. Rev. Stat. Ann. §§ 33-1343(A))

 

Can landlords enter for showings?

Yes.   (Ariz. Rev. Stat. Ann. §§ 33-1343(A))

 

Can landlords enter for emergencies without notice?

Yes.  (Ariz. Rev. Stat. Ann. §§ 33-1343(C))

 

Can landlords enter during Tenant’s extended absence?

No statute.  (Ariz. Rev. Stat. Ann. §§ 33-1343)

 

Can landlords enter for pesticide use?

No statute. 

 

 

 

 

ARIZONA SUBLEASE AND ASSIGNMENT PROVISIONS

Is subleasing permitted?

Yes

 

Do you need the landlord consent?

Yes

 

Can the LL / lease prohibit subletting?

Yes

 

 

 

 

TENANT ABANDONED PROPERTY IN ARIZONA

 

Arizona Landlord-Tenant Laws has specific procedures that landlords must follow when tenants leave belongings.  This may be from evictions or moving out at the expiration of lease.

 

How long must landlords hold Tenant’s personal property?

Landlords must hold onto the tenants personal belongings ten days after the landlord’s written declaration of abandonment.  (Ariz. Rev. Stat. Ann. §§ 33-1370(E))

How long notice must landlords give if law enforcement has legally locked them out?

Landlords must provide notice and hold the property for 21 days if the tenant was evicted.    Landlords can then sell or dispose of the tenant’s personal property if the tenant has not contacted the landlord.

Can the landlords sell property to pay for outstanding debts?

Yes

What happens to excess proceeds?

Any excess proceeds shall be mailed to the tenant at the tenant’s last known address.

How long must landlords keep records of the sale for?

Landlords are legally required to keep records of the sale for twelve months.  (Ariz. Rev. Stat. Ann. §§ 33-1370(F))

Landlord must store the tenant’s abandoned property where:

Landlords must store at one of the following places:

•  Former tenant’s rental unit
•  Any other available unit the landlord owns
•  Landlord’s storage space
•  Off the premises

Are the landlords liable for damage?

Landlords are not responsible for damages, unless landlord damages it on purpose or handles it negligently.

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR ARIZONA LEASES

 

Arizona Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

100 Year Floodplain Disclosure:  No statute. 

Disclosure of Landlord and Tenant Act:  Yes.  https://housing.az.gov/arizona-residential-landlord-tenant-act

Name and Address:  Yes 

Bedbug Disclosure:  Yes.  Landlords cannot enter a lease agreement with a known bedbug infestation.   (Ariz. Rev. Stat. Ann. §§ 33-1319)

Move-In Documents:  Yes.  Including the following documents. (Ariz. Rev. Stat. Ann. §§ 33-1321(C)):

 •  Executed lease
•  Move-in Form specifying any existing damages
•  Written notification that the tenant may be present at the move-out inspection

Owner or Agent Identity:  No statute. 

Utility Disclosure:  No statute. 

Landlord’s towing or parking rules policies:  No statute. 

Electric service interruption:  No statute. 

 

 

 

 

HELPFUL RESOURCES

 

Arizona Residential Landlord and Tenant Act

Arizona Mobile Homes Landlord and Tenant Act

Arizona Fair Housing Guidelines

Arizona Consumer Guide to Renters Insurance

Arizona Department of Real Estate

 

 

 

 

ARIZONA RELATED COURT INFO & LINKS

Arizona Small Claims Court Limits:

$3,500 is the minimum for small claims court. (Ariz. Rev. Stat. Ann. §§ 22-503)

Arizona Eviction Cases Allowed in Small Claims:

No. http://www.azcourts.gov/Self-Help/Civil-Law/EvictionsSmallClaims

 

Arizona Small Claims Court

Arizona Judicial Branch

Arizona Attorney General)

 

 

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