An Arizona rental agreement is a legal contract between a landlord overseeing a rental property and a tenant using the property. 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 model lease is for members of the Arizona Association of Realtors (AAR). It is in common use throughout Arizona, and covers local specifics 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. 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 landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
- Move-In Checklist (required for all leases) – Arizona landlords must provide a move-in checklist to inventory the rental unit and existing damage. The tenant must return the inventory within 5 days. This allows accurate itemized deductions from a security deposit at the end of the lease.
- Residential Landlord-Tenant Act Notice (required for all leases) – Arizona landlords must, at or before move-in, inform the tenant that the Arizona Residential Landlord and Tenant Act is available to review on the Department of Health website.
- Shared Utility Arrangements (required for all leases) – Arizona leases sharing a master meter for utilities must disclose billing information. This includes 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.
- 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 leases with pool access must provide a residential safety notice from the state Department of Health.
- Lead-Based Paint Disclosures (required for some leases) – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
To learn more about required disclosures in Arizona, click here.
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Some Arizona cities, like Phoenix, Mesa, and Tucson, have more detailed rules than the statewide standard. Always check local laws.Arizona Landlord Tenant Laws
- Warranty of Habitability – Arizona landlords can only rent out habitable property. This means providing certain basic health and safety features like heat, plumbing, and electricity. 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 nonpayment, 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. A landlord must return any unused portion of a tenant’s security deposit within 14 days.
- Lease Termination – Arizona lets tenants terminate a month-to-month lease with 30 days of advance notice (10 days, for week-to-week leases). Terminating a fixed-term lease early requires (in most cases) active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Arizona has no limit on the amount or frequency of a rent increase, as long as a landlord gives at least 30 days advance notice. The state caps late fees at $5 per day from the rent’s due date after the required five-day grace period. Returned check fees have a $25 maximum plus any actual fees charged by the financial institution.
- Landlord Entry – Arizona landlords may enter rental property for reasonable business purposes like maintenance, inspections, and property showings. Before entering, they must provide at least 24 hours of advance notice, except for emergencies.
- Settling Legal Disputes – Arizona lets small claims courts 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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