An Arizona rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Arizona landlord-tenant law governs and regulates these agreements.
Arizona Rental Agreement Types
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An Arizona roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
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Common Residential Rental Agreements in Arizona
- Arizona Association of Realtors Residential Lease Agreement – this form is intended for use by members of the Arizona Association of Realtors (AAR) only. It is in common use throughout Arizona, and provides a thorough coverage of rules and procedures, including local specifics for things like swimming pools.
- Arizona Department of Housing Residential Lease Agreement – Attachment 14A – the Arizona Department of Housing provides this model lease. It contains terms and conditions which cover most common rental scenarios, and the lease can be adapted for both fixed-term or month-to-month purposes.
Arizona Required Residential Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Arizona leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
- Move-In Checklist (required for all leases) – Arizona landlords must provide a move-in checklist (to be returned within 5 days by the tenant) taking inventory of any existing property damage and an inventory of the rental unit. This enables accurate itemized deductions from a security deposit at the end of the lease.
- Notice of Arizona Residential Landlord and Tenant Act (required for all leases) – Arizona leases must provide notice that tenants may freely review the Arizona Residential Landlord and Tenant Act, preferably including a URL link to the Act.
- Shared Utility Arrangements (required for all leases) – Arizona rental units sharing a master meter for utilities must have the landlord disclose the method of apportioning charges, meter readings before and after the term of payment, how each utility is charged, and any fees charged to the tenants.
- Bed Bug Disclosure (required for all leases) – Arizona landlords must provide specific educational materials about bed bug infestations alongside every lease.
- Rent Adjustment Disclosure (required for all leases) – Arizona landlords may only adjust rent during the term of a lease to reflect property tax increases if this was disclosed and agreed in the lease.
- Refundable/Nonrefundable Fees (required for some leases) – Arizona landlords cannot enforce a nonrefundable fee unless it is disclosed and agreed in the lease.
- Pool Enclosure Disclosure (required for some leases) – Arizona properties with access to a pool must provide a residential safety notice from the state Department of Health.
- Lead-Based Paint Disclosures (required for some leases) – For any property built before 1978, federal law requires that a Arizona residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Arizona, click here.
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Some Arizona cities, like Phoenix, Mesa, and Tucson, have more comprehensive rules than the statewide standard. Always check local laws.Arizona Landlord Tenant Laws
- Warranty of Habitability – Arizona landlords can only rent out habitable property, which means providing certain features essential to basic health and safety like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within 10 days (or 5 days, for serious issues) after proper notice from the tenant. Failure to repair lets a tenant sue the landlord, repair and deduct from the rent, or terminate the lease. Tenants usually can’t withhold rent.
- Evictions – Arizona landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay, comply, or quit, depending on the eviction type. This means most evictions in Arizona take a little over a week.
- Security Deposits – Arizona caps security deposits at a maximum of one and one-half times the value of the rent. Upon lease termination, a landlord has 14 days to return any unused portion of a tenant’s security deposit.
- Lease Termination – Arizona lets tenants terminate a month-to-month lease with 30 days of advance notice (10 days, for week-to-week leases). A fixed-term lease usually can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Arizona landlords can raise rent by any amount, whenever they want, with no particular requirements for justification, as long as they provide at least 30 days of advance notice. Late fees are capped at $5 per day from the rent’s due date after the mandatory five-day grace period. The state also caps returned check fees at $25 plus any actual fees charged by the financial institution.
- Landlord Entry – Arizona landlords may enter rental property for purposes reasonably related to the tenancy, like maintenance, inspections, and property showings. Before entering, a landlord must provide at least 24 hours of advance notice, unless it’s an emergency.
- Settling Legal Disputes – Arizona allows its small claims courts to hear landlord-tenant disputes, as long as the amount in controversy is under $3,500. Some local courts may have slightly differing standards for allowed amounts and statutes of limitation.
To learn more about landlord tenant laws in Arizona, click here.
Sources
- 1 Ariz. Rev. Stat. § 44-6852
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Notwithstanding any other law and except as provided in section 32-507, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than $25 plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument.
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