Not every residential rental benefits from a long-term structure. When that’s the case, a month-to-month rental agreement can be a great solution. In Arizona, a month-to-month rental agreement lets a landlord rent their property on a month-to-month basis, with the arrangement continuing automatically unless someone gives notice to end it.
An Arizona month-to-month lease agreement, or a tenancy at will, still creates enforceable obligations for both parties. Even without an end date, the lease must follow Arizona landlord-tenant law.
Disclosures (10)
Arizona requires landlords to provide several disclosures before the tenancy begins, giving tenants basic information about the property and who manages it.
- Lead-based paint: Federal law requires landlords to provide any known information on lead paint and its hazards, as well as the EPA’s lead safety pamphlet, for all rentals built before 1978.
- Landlord’s name and address: Landlords must provide tenants with their name and contact information, or the information of the person who manages the property (Ariz. Rev. Stat. § 33-1322).
- Access to Landlord-Tenant Act: Landlords must inform their tenant of the Arizona Landlord-Tenant Act document and let them know they can find it on the Arizona Department of Housing website (Ariz. Rev. Stat. § 33-1322).
- Bed bug disclosure: Landlords may not enter a rental agreement if there is a known bed bug issue in the unit. They must also provide the tenant with educational information on bed bugs (Ariz. Rev. Stat. § 33-1319).
- Non-refundable fees: A lease template must state any non-refundable fees that a landlord includes in the agreement. Any fee not specified as “non-refundable” is considered refundable by Arizona law (Ariz. Rev. Stat. § 33-1321 B).
- Move-in checklist: Landlords should complete a move-in checklist that details the current condition of the unit, including any existing damages, within 5 days of the tenant moving in. You should use this checklist when inspecting the unit at move-out (Ariz. Rev. Stat. § 33-1321 C).
- Residential pool safety notice: If a rental property has a pool, the landlord must issue an Arizona Department of Health Services-approved educational pool safety notice (Ariz. Rev. Stat. § 36-1681 E).
- Shared utilities: If any units share a utility meter, the landlord must give their tenant(s) an explanation of how they will divide the bill (Ariz. Rev. Stat. § 33-1314.01).
- Notice of foreclosure: If the property enters the foreclosure process at any point, they must notify their tenant (Ariz. Rev. Stat. § 33-1331 A).
- Rent adjustments due to property tax increases: If a unit’s property tax payment rises, the landlord has the right to increase rent to reflect the increase. The landlord must, however, give tenants at least 30 days’ notice before imposing a rent increase (Ariz. Rev. Stat. § 33-1314 E).
Optional Disclosures and Addenda
Optional disclosures help prevent disagreements later, especially in month-to-month rentals where turnover may happen quickly.
Asbestos: Informs tenants of any asbestos found in the rental and provides strategies for limiting exposure.
Late/returned check fees: Details the fees for late or returned rent checks. Arizona law requires that late fees be “reasonable” and caps returned check fees at $25 (Ariz. Rev. Stat. § 44-6852).
Medical marijuana use: Explains the rules regarding the use of medical marijuana in the unit.
Mold: Informs tenants of any mold issues in the unit and available treatment options.
Smoking: Outlines the smoking policy for the rental, including any designated smoking areas on the property.
Additional Arizona Month-to-Month Lease Laws
Throughout the tenancy, Arizona landlord-tenant laws apply. These laws help shape how to handle the termination of a rental agreement, lease violations, and more. Here’s what you need to know in The Grand Canyon State.
Notice to Terminate a Month-to-Month Agreement
Arizona law outlines the required notice to end a tenancy at will for both landlords and tenants.
Required notice for tenant: Tenants must give at least 30 days’ written notice before ending a month-to-month lease (Ariz. Rev. Stat. § 33-1375).
Required notice for the landlord: Landlords must also give tenants at least 30 days’ written notice to terminate a month-to-month agreement (Ariz. Rev. Stat. § 33-1375).
Laws Governing Rent Increases
Month-to-month rentals allow landlords to adjust rent more often than fixed-term leases, but Arizona still requires advance notice.
Arizona has no rent control or rent stabilization laws. Landlords may raise rent by any amount as long as they give at least 30 days’ written notice before the increase takes effect.
Lease Violations and Eviction
If a problem arises, Arizona law outlines clear steps landlords can take to help get the tenancy back on track.
Missed rent payment: If a tenant fails to pay rent, landlords may issue a 5-day Notice to Pay or Quit before filing for eviction (Ariz. Rev. Stat. § 33-1368).
Lease violation: For non-rent violations, landlords must provide a 10-day Notice to Cure or Quit, giving the tenant a chance to fix the issue (Ariz. Rev. Stat. § 33-1368).
Lease abandonment: If a tenant leaves the unit before the end of their tenancy, they can consider the lease abandoned and take the necessary steps to re-rent the unit.
Self-help evictions: Self-help evictions are illegal in Arizona. The landlord may not take steps to attempt to remove the tenant themselves, including changing locks, shutting off utilities, or removing tenant belongings, without a court order.
Rent Payment Laws
Rent payment rules shape how landlords enforce the lease on a month-to-month basis.
Rent control/stabilization: There are no rent control or rent stabilization laws in Arizona.
Late rent fees: Arizona law does not set a maximum late fee, but landlords must charge reasonable amounts and clearly state them in the lease.
Grace period: Arizona law does not require a grace period unless the lease includes one.
Tenant’s right to withhold rent: Tenants may not withhold rent on their own. With that in mind, Arizona allows tenants to pursue legal remedies for serious habitability issues.
Pet rent laws: Landlords may charge pet rent or collect pet deposits as long as the lease clearly outlines the charges.
Security Deposits
Arizona law outlines how landlord should collect and return security deposits from their tenants.
Maximum amount: Landlords may collect up to 1.5 months’ rent as a security deposit (Ariz. Rev. Stat. § 33-1321).
Deposit receipt: Landlords must provide a receipt if the tenant pays the deposit in cash.
Interest payments: Arizona law does not require landlords to pay interest on security deposits.
Security deposit return: Landlords must return the security deposit, minus any deductions, within 14 days of the tenant moving out (Ariz. Rev. Stat. § 33-1321).
Deductions: Landlords may deduct unpaid rent or damages beyond normal wear and tear and must provide an itemized list of deductions.
Property Access Laws
When it comes to accessing a property, Arizona law protects tenant privacy while allowing landlords to maintain the property.
Advance notice: Landlords must provide at least two days’ notice before entering a tenant’s unit for non-emergency reasons (Ariz. Rev. Stat. § 33-1343).
Immediate access: Landlords may enter without notice during emergencies or when the tenant has abandoned the property.
Harassment: If a landlord repeatedly enters the unit without proper notice to the tenant, state law may consider the action landlord harassment, which could allow the tenant to terminate the lease early.
