Under Arizona law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Arizona Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Arizona
In Arizona, landlords must rent out only properties which are habitable. When there’s a habitability issue, they must make needed repairs after receiving notice from the tenant.
Here is a list of essential amenities that landlords are or are not responsible for in Arizona:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Yes (seasonally) | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Yes |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Arizona
Landlords are required to make necessary repairs in a timely manner. In Arizona, repairs must be made within 5-10 days after getting written notice from tenants, depending on the issue.
If repairs aren’t made in a timely manner, Arizona tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.
Tenant Responsibilities in Arizona
Aside from paying rent on time, Arizona tenants must:
- Keep the unit safe and habitable.
- Not remove, alter, or damage any part of the unit.
- Keep fixtures clean and sanitary.
- Make small repairs and maintenance.
- Not disturb other tenants or neighbors
Evictions in Arizona
Arizona landlords are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If an Arizona tenant fails to pay rent, then the landlord may issue a 5-Day Notice to Pay. If the tenant does not pay by the sixth day, then the landlord can start eviction proceedings.
- No Lease / End of Lease: At-will tenants are entitled to receive notice commensurate with their rental payment period. For example, a 30-Day Notice to Quit shall be provided for month-to-month tenancies and 7-Day Notice to Quit for week-to-week tenancies.
- Lease Violation: If a lease violation occurs, then the landlord may issue a 5-Day Notice to Cure or Quit (for health and safety violations) or a 10-Day Notice to Cure or Quit (for non-hazardous violations). Either way, if the tenant does not abide by the notice terms, then the landlord may begin formal eviction proceedings.
- Illegal Acts: Arizona law provides several illegal activities that warrant eviction, including discharging a firearm, assaulting others, committing homicide, prostitution, “criminal gang” activity, and using or selling illegal drugs. Arizona law does not specify how much notice is required.
Landlords are not allowed to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Arizona
It’s illegal for Arizona landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Arizona
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 1½ months’ rent (2 months’ rent for mobile homes)
- Inventory Requirement: In order to collect a security deposit, landlords must provide tenants with a blank checklist so they can document the condition of the rental unit
- Interest Requirement: None (except for mobile home tenants)
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, costs due to tenant’s noncompliance, and charges outlined in the lease agreement
- Time Limit for Return: 14 business days
- Max. Penalty for Late Return: Tenants can sue for three times the amount wrongfully withheld
Lease Termination in Arizona
Notice Requirements: If an Arizona tenant wishes to break a periodic lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Arizona tenants are permitted to legally break a lease early for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Tenants who are unable to break a lease for these reasons may be liable to pay the remainder of the lease. Arizona landlords must make a reasonable effort to re-rent a unit.
Cost of Breaking a Lease in Arizona
If an Arizona tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Arizona
Arizona does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Arizona does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
If rent is paid monthly, landlords must give 30 days’ notice before increasing the rent. Tenants that pay rent weekly must be given 10 days’ notice before a rent increase.
Housing Discrimination in Arizona
Protected Groups: The Fair Housing Act makes it illegal to discriminate against tenants on the basis of race, color, national origin, familial status, sex, religion, or disability. These restrictions do not apply to some owner-occupied homes or homes operated by religious organizations. Arizona state law does not provide any additional protections to groups not outlined in the Fair Housing Act.
Discriminatory Acts & Penalties: Arizona’s Department of Housing has outlined several behaviors that may be considered discriminatory if directed at a member of a protected class:
- Refusing to buy or rent on a bona fide offer.
- Charging more for rent or fees.
- Advertisements that indicate a preference for or against certain groups.
- Falsely claiming a unit is unavailable.
- Coercing buying or selling of properties based on perceptions of neighborhood demographic change.
- Refusing to provide reasonable accommodations for the disabled.
Arizona law does not outline specific punishments for housing discrimination. Each complaint is handled on a case-by-case basis by the Arizona Attorney General Civil Rights Division.
Additional Landlord Tenant Regulations in Arizona
In addition to having laws that address general issues like repairs and security deposits, most states, including Arizona, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Arizona
Landlords in Arizona have the right to enter rental property for inspections, maintenance, and property showings. They usually must provide at least 2 days’ advance notice before entering an occupied property, unless there’s an emergency threatening the safety or well-being of the tenant.
Rent Collection & Related Fees in Arizona
The following laws apply to the collection of rent and related fees.
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, except it must be reasonable.
- Exceptions: Different grace period and late fee rules apply when the rental unit is a mobile home
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Arizona
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $3,500. The process takes approximately three to four months.
Mandatory Disclosures in Arizona
Arizona landlords must provide these mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built before 1978 must provide information about concentrations of lead paint.
- Bedbugs: Landlords must provide educational materials about bed bugs, regardless of their actual presence.
- Authorized Agents: Landlords must provide the names and addresses of all parties involved in managing the property.
- Purpose of Nonrefundable Fees: Landlords are required to disclose the purpose of any nonrefundable fees that the tenant must pay.
- Landlord-Tenant Act: Landlords must also provide a copy of this act to the tenant before the tenancy begins.
- Shared Utilities Arrangements: This disclosure is applicable to any units with individual utility meters.
- Rent Adjustments: Disclosure is applicable to any unit where the landlord wishes to adjust rent.
- Security Deposit Collections: When collecting a security deposit, landlords must provide a blank move-in checklist, a signed lease agreement, and a notice that the tenant may request to be present at the move-out inspection.
- Pool Enclosure Disclosure: Disclosure applicable to any rental units with pool access.
Changing the Locks in Arizona
Landlords in Arizona are prohibited from changing the locks as a form of eviction. Tenants can change locks themselves if the lease doesn’t prohibit it. They can also require (at their own expense) a lock change from the landlord upon request, if they are victims of domestic abuse.
How to Report an Arizona Landlord for Unsafe Living Conditions
When an Arizona landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Additional Resources for Arizona Renters
Many cities in Arizona have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
City of Phoenix Landlord and Tenant Program
