The Arizona residential lease agreement (“rental agreement”) outlines the terms and conditions of the residential use of real estate in exchange for rent payments. This contract may also require an additional fee (“security deposit”) due on or before the move-in date.
Arizona Lease Agreement Disclosures
The following disclosures are either required for some or all residential lease agreements in Arizona.
| Disclosure | Applicable to |
|---|---|
| Landlord’s Name/Address | All Units |
| Move-In Checklist | All Units |
| Residential Landlord/Tenant Act | All Units |
| Shared Utilities Arrangements | Shared Utility Meters |
| Bed Bugs | Non-Single Family Residence |
| Rent Adjustment | All Units |
| Refundable/Nonrefundable Fees | All Units that Charge Nonrefundable Fees |
| Pool Enclosure | All Units with a Pool |
| Lead-Based Paint | All Units Built Prior to 1978 |
Landlord’s Name & Address
Applicable to all rental units in Arizona.
Landlords, owners, or any authorized person who may act on the landlord’s behalf shall provide their name and address to the tenant. Generally, this information is disclosed in the rental agreement so that future legal notices and demands that are sent by the tenant can be properly delivered to the landlord. If there is any change of ownership or address changes, the tenant should be notified immediately.
Move-In Checklist
Applicable to all rental units in Arizona.
Arizona landlords are required to provide a move-in checklist (alongside a signed copy of the lease) upon taking possession of the property. This checklist can be used to identify existing damages to help itemize deductions from the security deposit (if applicable) during the move out inspection.
The checklist does not need to be included as part of the lease but should be completed within five days of move-in to ensure accurate status. The checklist should include any present damage or specific furnishings that are included (such as appliances or furniture) that must be returned in the same state they were upon move-in.
Download: Arizona Move-In Checklist Disclosure Form (PDF)
Notice of Arizona Residential Landlord and Tenant Act
Applicable to all rental units in Arizona.
Arizona tenancy law requires that landlords provide notice about resources available to tenants as part of the rental process. In Arizona, the landlord must inform the tenant (in the lease or separately) that the Arizona Residential Landlord and Tenant Act is available online at the Arizona Department of Housing’s website. The tenant should be notified of the Act at or before the commencement of the tenancy.
The Arizona Residential Landlord and Tenant Act can be found on the Arizona Department of Health website.
Shared Utilities Arrangements
Applicable to any units with individual meters.
In Arizona, when multiple units share a master meter for the whole building or property, the landlord may charge separately for utilities through the installation of a submetering system or ratio billing system.
For ratio billing, the breakdown must include the specific method used to allocate and calculate costs to the tenant.
For submetered systems, this breakdown must include:
- Beginning and ending meter reading for the term.
- The dates of beginning and ending readings.
- Breakdown of charges for each utility.
- Administrative fee charged (if applicable).
Ratio billing can use strategies like charging by:
- Number of tenants.
- Unit square footage.
- Number of outlets or water fixtures.
- Even split between tenants.
- Any other method outlined in the lease.
The following is an example of a shared utility agreement section:
UTILITIES: This rental unit shares the following utilities with another unit or common area:
[ ] Electricity
[ ] Water
[ ] Gas
[ ] Sewage
[ ] Other: _________________________________________This lease uses the following method for calculating utility charges between Tenant(s):
[ ] Home Square Footage
[ ] Number of Tenants
[ ] Even Split Between Tenants
[ ] Other:_____________________________________Tenant agrees to pay the monthly utility charge to Landlord, plus a $__ service charge as part of each month’s rental payment.
Download: Arizona Shared Utility Arrangement Disclosure Form (PDF)
Bed Bug Disclosure
Applies to any non-single family residence
To protect against the contraction and spread of an infestation, landlords may not rent out a unit with an active infestation in Arizona. It is also required that landlords in Arizona provide educational materials (usually an addendum) and include a bed bug section in their lease agreements. A bed bug addendum provides educational information about the following:
- A description of measures that should be taken to prevent and control bedbugs.
- Information on bed bugs, including their appearance.
- The risk factors for attracting bed bugs (such as the risk of purchasing used or leased furniture and clothing).
- Preventing infestations and the proper protocol if one arises so that the landlord can minimize the potential damage.
- Information provided by state, local agencies and the Centers for Disease Control and Prevention.
- Information provided by federal, state, local or non-profit housing agencies
- Information provided by the landlord.
It also helps to limit liability for the landlord by establishing an understanding of the current status of the property and protects in the case of an infestation occurring later in the lease term.
The tenant also has obligations regarding bed bugs when entering into a lease agreement, which include:
- The tenant should not move any items that are infested with bedbugs into the rental unit.
- The tenant who has knowledge of bed bugs must provide the landlord with a written or electronic notice.
The following is an example of a bed bug disclosure section and addendum:
BED BUGS. At the time of presenting this agreement, Landlord certifies:
[ ] There is no known current infestation or history of bed bugs in this property.
[ ] There is no known current infestation, but there is a history of infestation in this property.
[ ] There is no known current infestation, but there is a nearby infestation or history of infestations which may place the property at risk.
Here are educational materials made specifically for Arizona’s bed bug disclosure laws.
Download: Arizona Bed Bug Disclosure Form (PDF)
Rent Adjustments
Applicable to any unit where the landlord wishes to adjust rent.
In the case that taxes charged on residential rent are increased by local municipalities, an Arizona landlord may increase the rent by the same figure for an existing lease with the inclusion of a rent adjustment disclosure. This increase in rent may not begin until the new tax comes into effect and 30 days of notice must be provided before it is enforced.
The following could be included to satisfy the disclosure requirements for a rent adjustment in Arizona:
RENT INCREASES. The Rent due is subject to an increase directly proportionate to the increase in any municipal taxes levied upon Landlord for the collection of residential rent charges. Written notice will be provided thirty (30) days before enforcement of rent increases.
Refundable/Nonrefundable Fees
Applicable to any unit where the landlord imposes nonrefundable fees.
If nonrefundable fees are charged in the lease for pets or other one-time expenses like access to amenities, they must be stated to be nonrefundable in the lease. Otherwise, they are subject to a refund upon termination of the lease.
Pool Enclosure Disclosure
Applicable to any rental units with pool access.
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 shall be protected by an enclosure surrounding the swimming area. According to Arizona law any tenant entering a lease agreement with access to a pool shall be provided with an educational safety notice approved by the Department of the Health Services about the use and maintenance of the pool.
A residential pool safety notice is available from the Arizona Department of Health.
Download: Arizona Pool Enclosure Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Arizona to:
- Fill out and attach this lead based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: Arizona Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Arizona law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. Arizona law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke to not interfere with other tenants.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. Arizona does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 are considered at-risk for asbestos if the material is disturbed. The EPA does not require for asbestos to be removed from residential homes; however, federal law requires that special procedures and precautions should be taken to decrease the chance of disturbing the materials that contain asbestos.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant’s negligence during the lease term. The disclosure helps identify the tenant’s duties and responsibilities to mitigate mold growth.
Sources
- 1 AZ Rev Stat § 33-1322(A) (2019)
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…A. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following:
1. The person authorized to manage the premises.
2. An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands…
- 2 AZ Rev Stat § 33-1321(C) (2019)
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…C. On move in, a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. On request by the tenant, the landlord shall notify the tenant when the landlord’s move-out inspection will occur…
- 3 AZ Rev Stat § 33-1321(D) (2019)
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…D. On termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord’s duty to mitigate, all charges as specified in the signed lease agreement… Within fourteen [business] days… after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any…
- 4 AZ Rev Stat § 33-1322(B) (2019)
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…B. At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona residential landlord and tenant act is available on the Arizona department of housing’s website…
- 5 AZ Rev Stat § 33-1314.01(A) (2019
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…A. A landlord may charge separately for gas, water, wastewater, solid waste removal or electricity by installing a submetering system or by allocating the charges separately through a ratio utility billing system…
- 6 AZ Rev Stat § 33-1314.01(G) (2019
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…E. If a landlord uses an allocation or submetering system, the bill format for each billing period shall:
1. Separately state the cost of the charges for the period together with the opening and the closing meter readings and the dates of the meter readings.
2. Show the amount of any administrative fee charged.
F. If a landlord does not use a submetering system and allocates charges separately for gas, water, wastewater, solid waste removal or electricity, the landlord may allocate the costs to each tenant by using one or more of the following ratio utility billing system methods…
- 7 AZ Rev Stat § 33-1319(A) (2019)
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…A. A landlord has the following obligations with respect to a bedbug infestation:
1. The landlord shall provide bedbug educational materials to existing and new tenants. Educational materials may include:
(a) A description of measures that may be taken to prevent and control bedbugs.
(b) Information about bedbugs, including a description of their appearance.
(c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing and traveling without proper precautions.
(d) Information provided by the United States centers for disease control and prevention and other federal, state or local health agencies.
(e) Information provided by federal, state or local housing agencies.
(f) Information provided by nonprofit housing organizations.
(g) Information developed by the landlord…
- 8 AZ Rev Stat § 33-1314(E) (2019)
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…E. If a municipality that levies a transaction privilege tax on residential rent changes the percentage of that tax, the landlord on thirty days’ written notice to the tenant may adjust the amount of rent due to equal the difference caused by the new percentage amount of the tax. The adjustment to rent shall not occur before the date upon which the new tax is effective. In order for a landlord to adjust rent pursuant to this subsection, the landlord’s right to adjust rent pursuant to this subsection shall be disclosed in the rental agreement…
- 9 AZ Rev Stat § 33-1321(b) (2019)
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…B. The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable is refundable…
- 10 AZ Rev Stat § 36-1681 (2019)
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…E. A person on entering into an agreement to build a swimming pool or contained body of water or sell, rent or lease a dwelling with a swimming pool or contained body of water shall give the buyer, lessee or renter a notice explaining safety education and responsibilities of pool ownership as approved by the department of health services…
