An Arizona month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of an Arizona Month-to-Month Rental Agreement
In Arizona, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Arizona landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Arizona
Arizona landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- Shared Utilities – Landlords renting a unit that shares a utility meter with other parts of the property must disclose how utilities are billed for the property.
- Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
- Residential Landlord-Tenant Act Notice – Arizona landlords must, at or before move-in, inform the tenant (in the lease or separately) that the Arizona Residential Landlord and Tenant Act may be reviewed on the Arizona Department of Health website.
- Bed Bug Disclosure – Arizona landlords must disclose any known infestation status on rental property. In addition, they must provide educational materials (usually an addendum) and include a bed bug section in their lease agreements.
- Rent Adjustment Disclosure – Arizona landlords must provide a rent adjustment disclosure when passing on the cost of a property tax increase to a tenant.
- Non-Refundable Fees Disclosure – For Arizona landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
- Pool Enclosure Disclosure – Arizona properties with an aboveground or belowground pool or any other body of water intended for swimming that is 18 inches or more in depth and at least eight feet wide must provide tenants with an educational safety notice approved by the Department of the Health Services about the use and maintenance of the pool.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Arizona
Arizona lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Arizona requires written notice to end a month-to-month lease. In most cases, notice must be either hand-delivered or delivered by registered or certified mail.
Required Notice To Raise the Rent on an Arizona Month-to-Month Lease
Arizona requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in Arizona is 30 days.
Eviction in Arizona Month-to-Month Rentals
Arizona tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Arizona typically take one to six weeks.
For more information on the eviction process in Arizona, click here.
Sources
- 1 Ariz. Rev. Stat. 33-1375(b)
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The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
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