Arizona Lease Agreement

Required Landlord Disclosures (10)

1. Landlord’s Name and Address: Arizona property owners, landlords, or authorized agents must list their name and address in the lease agreement (ARS § 33-1322).

2. Lead-Based Paint: If a rental property was built before 1978, federal law mandates that landlords notify tenants that the property may have lead-based paint (42 US Code § 4852).

3. Access to Landlord-Tenant Act: Landlords must notify tenants of the Arizona Landlord-Tenant Act document and let them know it can be found on the Arizona Department of Housing Website. Landlords can also provide tenants with a physical copy of the document, though they are not legally required to do so (ARS § 33-1322).

4. Bed Bug Disclosure: Landlords must provide new and existing tenants with “bed bug educational materials.” Landlords cannot enter into a lease agreement with a tenant if they know of a current bedbug infestation in the rental unit. Tenants aware of a bedbug infestation must provide written or electronic notification to their landlord (ARS § 33-1319).

5. Non-Refundable Fees: The rental contract must state any landlord-imposed non-refundable fees. Any fee not specified as “non-refundable” is considered refundable by law (ARS § 33-1321 B).

6. Move-in / Move-out Condition Checklist: Landlords must provide tenants with a move-in / move-out checklist, which allows tenants to inspect and document the property for any damage within 5 days from their move-in date. The landlord must reference the checklist during the move-out process and while making security deposit deductions (ARS § 33-1321 C).

7. Residential Pool Safety Notice: If a rental property has a pool, landlords must issue tenants an educational pool safety notice approved by Arizona’s Department of Health Services (ARS § 36-1681 E).

8. Shared Utilities: If a landlord shares metered utilities with a tenant, they must provide the tenant with an explanation of how the landlord will divide the bill. Landlords can reimburse themselves for time spent calculating and paying the utility bills (ARS § 33-1314.01).

9. Notice of Foreclosure: The landlord must notify the tenant if a rental property enters the foreclosure process (ARS § 33-1331 A).

10. Rent Adjustments Due to Property Tax Increases: If a unit’s property tax payment rises, landlords can increase a tenant’s rent payments to reflect the changes in property taxes. Landlords must also give tenants at least 30 days of notice before imposing the rent increase (ARS § 33-1314 E).

Security Deposit Regulations

Maximum Security Deposit Amount: Arizona landlords may require that tenants pay up to 150% of one month’s rent for their security deposit (ARS § 33-1321 A).

Receipt of Deposit: No laws require that landlords provide tenants with a security deposit receipt.

Interest: No laws require that landlords collect interest on a tenant’s security deposit.

Deduction Tracking: Landlords must provide tenants with an itemized list of deductions that are taken against their security deposit, with corresponding receipts. Tenants have up to 60 days to dispute deductions with the landlord (ARS § 33-1321 D).

Returning a Tenant’s Security Deposit: Landlords must return a tenant’s security deposit, adjusted for deductions, within 14 business days of the tenancy’s conclusion (ARS § 33-1321 D).

Landlord’s Access to Property

Advance Notice: Arizona landlords must give tenants a minimum of 48 hours of notice before entering a rental property for non-emergent repairs, maintenance, or capital improvements (ARS § 33-1343 A).

Immediate Access: During emergencies, landlords can enter their rental properties without prior notice (ARS § 33-1343 C).

Landlord Harassment: A landlord’s failure to provide proper advance notice to a tenant before entering a property in non-emergent situations could be considered landlord harassment, potentially allowing tenants to terminate their lease without legal consequence prematurely.

Breach of Rental Agreement

Missed Rent Payment: If an Arizona tenant fails to pay rent by its due date, the landlord can issue a 5-day notice to pay rent or quit. If a tenant fails to pay rent by the end of the notice and does not move out, the landlord can file an eviction lawsuit against the tenant (ARS § 33-1314 C).

Lease Violation: If a tenant fails to maintain their rental unit, the landlord can issue them a 5-day notice to cure or quit (ARS § 33-1368).

If a tenant violates the terms of their Arizona lease agreement or provides false information on their rental application, a landlord can issue them a 10-day notice to cure or quit (ARS § 33-1368).

If a tenant violates the terms of their rental agreement for a second time or lies about their criminal record on their rental application, a landlord can issue them a 10-day unconditional quit notice, meaning they won’t be given an opportunity to cure their violation (ARS § 33-1368).

If the tenant commits certain crimes on the premises of their rental property, a landlord can issue them an unconditional quit notice, demanding that they move out immediately (ARS § 33-1368).

In any of the above cases, if a tenant fails to cure or move out by the end date of the issued notice, the landlord can file an eviction lawsuit against them.

Self-Help Evictions: A landlord who attempts to evict a tenant from their property without following the eviction process is performing a self-help eviction, which is illegal in Arizona.

Lease/Property Abandonment: If a tenant has vacated an unfurnished rental property for 5 days or more, is 5 days or more late on rent, and no personal property remains at the unit, the law considers the property abandoned (ARS § 33-1370 J 2).

If a tenant has vacated a furnished rental property for 7 days or more, is 10 or more days late on rent, and isn’t present at the unit, the property is considered abandoned by law (ARS § 33-1370 J 1).

If a tenant abandons a property before their lease expires, they are liable to pay rent until the rental agreement’s end date has passed or the unit has been re-rented, whichever comes first (ARS § 33-1370).

The landlord must make a reasonable effort to re-rent the unit to mitigate potential financial damages to the tenant (ARS § 33-1370).

Ending a Lease

Month-to-Month: Arizona landlords or tenants can end a month-to-month lease or “tenancy at will” by issuing a move-out notice 30 days or longer before the next scheduled rent payment date (ARS § 33-1375).

Fixed-Term: Landlords and tenants under fixed-term leases are legally obligated to fulfill the terms of their rental contract through its end date. However, tenants can break the lease before its end date under certain circumstances:

• Victim of domestic violence or sexual assault (ARS § 33-1318)
• Harassment of a law enforcement officer (ARS § 33-1318)
• Active duty military obligations (SCRA)
• Landlord misconduct (ARS § 33-1343)
• Landlord breaches the rental contract (ARS § 33-1361)

Property Abandonment: If a tenant leaves their belongings at a property after the lease agreement has concluded, the landlord must create an inventory of the items left behind, estimate a storage cost, and send the information to the tenant (ARS § 33-1370 D).

If the tenant hasn’t claimed their abandoned property within 14 days, the landlord can choose to donate or sell the items. If they decide to sell the items, they can reimburse themselves for associated costs and must send the remaining funds to the tenant (ARS § 33-1370 F).

Renewing a Lease

Required Renewals: Arizona landlords are not required to let tenants renew their rental agreements after the lease has expired.

Required Notice: Landlords must give tenants a minimum of 30 days’ notice (with good cause) or 90 days’ notice (without good cause) if they do not intend to renew an expiring lease agreement (ARS § 33-2143).

Rent Control & Stabilization

Arizona has no rent control or rent stabilization laws, meaning landlords can raise rent prices as much as they want after a tenant completes a lease.