Arizona Month-to-Month Lease Agreement

Required Landlord Disclosures (10) 

1. Landlord’s name and address: The lease must include the name and address of the property owner and anyone who manages the property in Arizona (ARS § 33-1322).

2. Lead paint: According to federal law, landlords must alert the tenant to whether the property was built before 1978 and whether builders used any lead-based paint was used in its construction (42 US Code § 4852).

3. Access to the landlord-tenant act: The landlord should send the tenant an electronic or physical copy of the Arizona Landlord-Tenant Act document upon signing the lease. They must also explain that they can find the act on the Arizona Department of Housing Website (ARS § 33-1322).

4. Bed bugs: Tenants are entitled to bed bug information and documentation. A landlord cannot start a new lease if they know about any existing bed bug problem. If a tenant notices bed bugs, they are required to notify the landlord in written or electronic form (ARS § 33-1319).

5. Non-refundable fees: Landlords must note any non-refundable fees in the lease. If the lease does not explicitly say that a specific fee is “non-refundable,” then it is considered refundable (ARS § 33-1321 B).

6. Move-in/move-out condition checklist: The landlord must give the tenant a detailed move-in/move-out checklist to complete no more than 5 days after the start of the tenancy. This document allows the tenant to look over the property for issues. It’s essential that the landlord mentions the move-out checklist when the time comes as well, particularly when deducting expenses from the security deposit (ARS § 33-1321 C).

7. Residential pool safety notice: Landlords have to give tenants a pool safety notice as approved by Arizona’s Department of Health Services if there is a pool on the premises (ARS § 36-1681 E).

8. Shared utilities: When a landlord and tenant split metered utility costs, the landlord must provide the tenant with information on determining how much each party will pay. A landlord reserves the right to repay themselves for the time it takes to add up and pay utilities (ARS § 33-1314.01).

9. Notice of foreclosure: If the bank is foreclosing on the property, the landlord has to alert the tenant (ARS § 33-1331 A).

10. Rent adjustments due to property tax increases: Landlords have the right to raise rent if property taxes increase. They notify tenants 30 days ahead of time (ARS § 33-1314 E).

Required Notice to Terminate Month-to-Month Agreement

Required notice for landlord: 30 days (ARS § 33-1375)

Required notice for tenant: 30 days (ARS § 33-1375)

Rent Increase Laws

There is no rent control or stabilization in Arizona. Further, cities and counties are also unable to implement rent control measures (ARS § 33-1329).

Since Arizona has no rent control, landlords can raise rent as necessary, provided they give at least 30 days’ notice.

Rent Payment Laws

Grace period: Arizona hasn’t no required grace period for rent payments. However, landlords must wait 5 days before pursuing an eviction (ARS § 33-1414).

Late rent fees: Landlords have the right to charge any reasonable amount for late rent fees in Arizona (e.g., no more than $5 per day starting 6 days after the rent is due) (ARS § 33-1414).

Tenant’s right to withhold rent: Tenants can only withhold rent if they notify the landlord about the repair need and the property is uninhabitable due to the issue. A tenant may handle the repair on their own or hire a professional. They can deduct the costs from the following month’s rent (ARS § 33-1368).

Pet rent laws: Arizona law does not limit pet rent, though all fees should be reasonable.

Security Deposit Rules

Maximum security deposit: Landlords in Arizona can charge 1.5x rent as a security deposit (ARS § 33-1321 A).

Security deposit receipt: State law doesn’t obligate landlords to give tenants a security deposit receipt.

Deduction tracking: A landlord cannot make security deposit deductions without giving the tenant an itemized list and receipts for each deduction. A tenant can dispute the deductions within 60 days if necessary (ARS § 33-1321 D).

Returning a tenant’s security deposit: A landlord has 14 days to return a tenant’s security deposit, less any deductions after the tenant has moved out (ARS § 33-1321 D).

Pet deposit rules: While Arizona law does not explicitly mention pet deposits, landlords reserve the right to charge no more than 150% of the month’s rent for a deposit in general. They can charge for a pet deposit within that amount (ARS § 33-1321 A).

Property Access Regulations

Advance notice: Tenants must receive 48 hours’ notice of entry for non-emergency purposes (ARS § 33-1343 A).

Immediate access: Qualifying emergencies are grounds for a landlord to enter without permission or notice (ARS § 33-1343 C).

Landlord harassment: Harassment may exist in instances where landlords neglect to inform the tenant before entering a property. Repeated harassment could ultimately end with a tenant breaking their lease early and without penalty (ARS § 33-1376).

Rental Agreement Violations

Missed rent payment: The landlord can give the tenant a 5-day notice to pay or quit if they’re behind on rent by just 1 day since Arizona has no late rent grace period (ARS § 33-1314 C).

Lease violation: The first thing a landlord can do following a lease violation is to give the tenant a 5-day notice to cure or quit (ARS § 33-1368). Additional notice periods may apply depending on the nature of the violation.

Self-help evictions: Arizona prohibits self-help evictions and acts construed as such, including turning off the utilities to force the tenant out (ARS § 33-1367).

Lease abandonment: An Arizona tenant has financial obligations if they move out of a property before their lease has concluded (e.g., rent payments responsibilities through the lease term until the landlord finds a new tenant) (ARS § 33-1370).