Grab our free sample or generate an official Arizona lease agreement for residential use. Read further about required disclosures in Arizona, optional addendums for things like pets, and what Alabama landlord tenant laws apply to residential lease agreements.
Lease Agreement Sample
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What is a Residential Lease Agreement?
A residential lease is a legally binding agreement between a landlord and a tenant who intends to rent a specific property. It is an all-inclusive document created to outline the expectations of both parties and address any special circumstances that may arise during the length of the agreement. It also clearly states the potential consequences for not adhering to the stated terms. For maximum legal credibility, it is critical that this document be produced in writing, reviewed and signed by both parties prior to occupancy.
The governing state law for residential leases in Arizona is the Arizona Residential Landlord and Tenant Act. The specific law is downloadable as Section 33, Chapter 10.
General Required Provisions in Arizona
Under Arizona law, here are some general provisions that are required.
Security Deposit
Under Arizona state law Section 33-1321(A), a security deposit is limited to a maximum of the rent for one month and one-half.
Security Deposit Refund
Under Arizona state law Section 33-1321(D), when a tenant moves out, a landlord has 14 calendar days, not including Saturdays, Sundays, and legal holidays, to refund the security deposit in full or the balance remaining after legitimate deductions. Allowed deductions include any rent that is unpaid and the actual cots of repairing any damages caused by the tenant.
Any deductions made from the security deposit by the landlord need to be itemized in a written list. This list is mailed to the tenant’s new address, within 14 days, along with a check for any security deposit refund.
If the landlord fails to mail these items within the time allowed, the tenant may recover the money due with damages equal to twice the amount wrongfully not paid to the tenant.
If the tenant does not dispute the amount refunded within 60 days after it is mailed, then the amount refunded (if any) is deemed valid and the tenant waives any further rights to dispute this result.
Shared Utility Charges
Under Arizona state law Section 33-1314.01, a landlord may charge tenants for utilities by having a sub-metering system or by using a method of utility allocation such as a ratio-billing system. A landlord may add the cost of administration of the utility billing; however, cannot charge an administrative fee that is more than the actual administrative costs.
Allocation of utilities using a ratio-billing system can be achieved by using one or more of these methods:
- Divided equally between tenants.
- Allocated proportionately by the square footage of living space.
- By the type of rental unit.
- By the number of fixtures (for water and sewer).
- By any other method that is fair and described in the written lease agreement.
Municipal Taxes on Rent
Under Arizona state law Section 33-1314(E), if the landlord wishes to pass-through municipal taxes charged on rent to the tenant, this must be clearly stated in the written lease. The tenant must be given 30 days’ prior written notice for any change in the amount of taxes charged to the tenant and the change cannot occur until the new tax rate is effective.
Landlord’s Access
Under Arizona state law Section 33-1343, if the landlord wishes to enter a rental property that is occupied by a tenant for a non-emergency inspection, maintenance, or repairs, then the landlord must give the tenant at least 48 hours’ prior written notice. The landlord must enter the premises at a reasonable time of day. For emergencies, the landlord may enter without any notice.
Prohibited Provisions in Arizona
Under Arizona state law Section 33-1315, certain provisions are NOT allowed in a lease agreement, which include:
- Any waiver of tenant’s rights under the Arizona Residential Landlord and Tenant Act.
- That the tenant agrees to limit a landlord’s liability or indemnify the landlord for any liability that the landlord may have under the law.
- A limit of a tenant’s ability or charging the tenant a monetary penalty for requesting emergency assistance or calling a peace officer to the property for an emergency.
- The separation of rent payments from the landlord’s obligations under Section 33-1324 to maintain a fit premises is not allowed.
- A requirement for a tenant to pay a landlord’s legal fees except as lawfully awarded by an Arizona court of proper jurisdiction.
Any prohibited provisions included in a lease agreement are not enforceable. If a landlord intentionally includes such prohibited provisions, then the tenant can recover actual damages sustained by them from this. The damages are limited to an amount not to exceed two month’s rent.
Discrimination is Prohibited Against a Tenant with Children
Under Arizona state law Section 33-1317, it is illegal to discriminate against a tenant who has a child or children except when the premise meets the qualifications required for a rental property that is defined as housing for elderly persons under Section 41-1491.04.
Landlord Required to Provide Fit Premises
Under Arizona state law Section 33-1324, the landlord is required to provide fit premises that comply with all building codes and health codes. The landlord is required to make all repairs to keep the premises in a fit and habitable condition and keep all common areas clean and safe.
The landlord must keep all electrical, plumbing, sewer, HVAC, elevators (if any) and waste receptacles in a good, safe, and working order. The landlord must supply running water and reasonable levels of hot water at all times. Reasonable amounts of heating and cooling in relation to the outside weather are required to be provided by the landlord if this is the landlord’s responsibility. Otherwise, this tenant must have exclusive control over the HVAC equipment.
The landlord and the tenant may agree in the written lease that the requirements under this section are the tenant’s responsibility if the agreement is entered in good faith, with adequate consideration, and not simply for the purpose of the landlord avoiding the responsibilities.
Writing a Residential Lease Agreement in Arizona
The sections that follow are necessary elements to a residential lease. Each section includes information that pertains specifically to lease agreements in Arizona. All rental properties are unique and it is important for the landlord to tailor their residential lease to the unit or property being rented. This guide lists various circumstances for landlords to consider as they are drafting a residential lease agreement. Landlords need to include the components listed here to be legally compliant in the state of Arizona.
Names of the Parties and the Effective Date
The name of the landlord, the property manager (if any), and the tenant(s) are included along with the effective date of the lease agreement.
Address of the Rental Property
This is the physical address and description of the rental unit if needed to identify it, such as the apartment number located on a certain floor in a named complex.
Lease Term
The standard for residential lease agreements in the state of Arizona is a 12-month lease or longer. The termination date is stated and the lease terminates at 11:59 p.m. on that date.
The lease may be renewed or extended by the tenant and landlord signing a new agreement or if the landlord accepts another month’s rent payment after the lease termination then the lease automatically converts to a month-to-month tenancy. All of the terms and conditions in the lease agreement remain the same and continue in effect.
If the tenancy converts to a month-to-month arrangement, then either party can give the other party notice of termination by doing so in writing at least 30 calendar days before the termination date.
Rent
The amount of rent is stated along with the day of the month that the rent is due (usually the first of each month).
Late Rent Payment Penalty
The day of the month that the rent payment is considered late is stated (usually the second day of the month). The penalty per day that the rent is late is stated.
Prorated Rent
If the effective date of the commencement of the lease is not the first of the month and/or the termination date is not the last day of a month, then a prorated rent calculation is made to determine the rent for the number of days that are less than a full month.
The calculation is made by taking the monthly rent amount times 12 and dividing that amount by 365 to get the rent per day.
Checks Returned by the Bank
If the tenant pays the rent with a check that is returned by the bank for insufficient funds, then there can be a fee charged by the landlord. This “bad check” fee is stated and is in addition to any late fees that accrue.
Order of the Application of Payments
Regardless of a written indication on any check received from the tenant, this provision covers the order of how the monies received are applied. An example of this is 1) First, to pay off any late fees; 2) to pay returned check fees; 3) to pay charges for repairs performed due to damage caused by the tenant(s); 4) tenant’s portion for utilities, and then; 6) to any rent balance due.
Rent Increases
Usually, there are no rent increases during the first term of the lease of at least 12 months. If the landlord wants to apply a rent increase after the lease term expires, then the landlord needs to give at least 30 days’ advance written notice to the tenant before the rent increase applies.
Security Deposit
The amount of security deposit is stated. It cannot exceed more than one and one-half month’s rent including any amount allocated as a pet deposit if pets are allowed.
Use of Premises
This provision states the occupants of the rental unit may only be the authorized tenant(s) and members of their immediate family. This section lists the names of the occupants. It gives the guest policy time limits and also states that the premises may not be used for any commercial purpose.
Good Condition of the Premises and Move-In Checklist
This provision states that the tenant has inspected the premises and agrees that the premises are clean, safe, and in good order. The tenant also signs a written move-in checklist that notes any damage or other conditions that are not the responsibility of the tenant. The move-in checklist includes any furniture, appliances, or other items that are included in the rental unit.
Sublease
This provision usually prohibits the tenant from subleasing the rental unit without the prior written approval of the landlord.
Alterations
This provision states that the tenant cannot make any alterations to the rental unit without the prior written approval by the landlord. If any approved alterations are made then the tenant will either return the rental unit to the same condition as it was when moving in or the alterations become the property of the landlord when the tenant vacates the rental unit.
Non-Delivery of Possession by Landlord
If the landlord cannot deliver the premises to the tenant upon the commencement of the lease, through no fault of the landlord, then the landlord has 30 days to give possession. If after those 30 days, possession cannot still be given by the landlord, through no fault of the landlord, then the lease agreement automatically terminates.
Hazardous Materials Prohibition
This provision states that the tenant shall not store any hazardous materials in the rental unit.
Utilities
This section itemizes the responsibilities for the payment of utilities according to any method of allocation of utility bills if necessary.
Maintenance and Repairs
This section itemizes the responsibilities for maintenance and repairs as required. It should be very detailed if the responsibilities are jointly delegated between the landlord and the tenant. It may be a long list of who does what including details about who is responsible for changing certain light bulbs. The more detail that can be included in this section, the better, in order to avoid any misunderstanding between the tenant and the landlord.
Damages Not Caused by Tenant
This provision states that damages not caused by the tenant such as those caused by a fire or a natural disaster, which makes the rental unit completely uninhabitable, cause the lease agreement to automatically terminate.
If only a portion of the rental unit is uninhabitable, then the landlord has the option to make repairs or terminate the lease. If the landlord chooses to make repairs, then the rent is adjusted to a lower amount for the portion of the rental unit that cannot be used until the repairs are completed.
If the lease is terminated, then the landlord shall refund any unearned rent with the security deposit.
Pet Policy
This provision states whether pets are allowed or not. It states the rules about pets, what kinds are allowed, and any required pet deposit.
Rules
This section states any rules for using the common areas of the property, noise rules, smoking rules and other rules that apply equally to all tenants.
Default Notices
This section describes the written notice requirements under Arizona state law Section 33-1368. There are ten calendar days required for written notices for defaults that are violations of the lease agreement. There are five calendar days for violations that are non-payment of rent or cause a health or other hazard to other tenants.
Abandonment
Under Arizona state law Section 33-1370, abandonment occurs when the rent is unpaid and due for ten days if the tenant’s personal property is still in the rental unit or when rent is unpaid and due for five days if the tenant’s property is no longer in the rental unit. In the case of abandonment, the landlord must both mail a notice to the tenant’s last known address or an alternative address and post the notice on the door of the rental unit.
Governing Law
The lease states that the proper jurisdiction is the county in Arizona where the rental unit is located and that all the law of the Arizona Residential Landlord and Tenant Act applies to the lease agreement.
Severability
This provision states that if any portion of the agreement is unenforceable that the remaining parts are still in effect.
Full Agreement
This section states that the lease agreement is the full agreement of the parties and that any modifications need to be made in writing signed by all the parties to the agreement.
Notice
This section gives the format and the contact information for any legal notices to be given to each party.
Signatures
This is the section for the signatures of each party to the agreement.
A complete copy of the signed agreement should be given to all parties to the agreement including a copy of any attachments such as the lease application and the move-in checklist that become a part of the agreement.
Addendum for Rental of Mobile Homes
Arizona state law has a special section of Title 33 Chapter 11 called the Arizona Mobile Home Parks Residential Landlord and Tenant Act covering the rental of spaces in mobile home parks.
Security Deposit
Under Arizona state law Section 33-1431, a security deposit for a mobile park cannot exceed two month’s rent. The landlord must pay the tenant not less than five percent annual interest on any security deposit. This interest amount is either paid to the tenant annually or compounded annually.
Security Deposit Refund
Under Arizona state law Section 33-1431, after the termination of the lease agreement, the landlord must return the security deposit, with accrued interest, less any unpaid rent that is due and/or the actual costs for repairing damages caused by the tenant. The landlord must give the tenant an itemized list of repairs that were done and the balance of the security deposit remaining (if any) within 14 days.
If the landlord fails to do this within the 14 days, the tenant has the right to recover twice the amount that was wrongfully withheld.
Termination or Non-Renewal of the Rental Agreement
Under Arizona state law Section 33-1476, a landlord cannot terminate or refuse to renew a rental agreement without good cause. Examples of good cause are things like non-payment of rent or a tenant’s significant failure to comply with the rental agreement.
Relocation Funds For Substantial Rent Increases
Under Arizona state law Section 33-1476.04, has monies for relocation that are made available by application to the Arizona Relocation Fund. These monies are for those that experience a rent increase of more than 10 percent plus the cost of living increase over the most recent year.
Depending on the income of the person, some other monies may be available under Section 41-4008 to bring a mobile home into compliance that is necessary for relocation.
Required Disclosures in Arizona
For landlords in Arizona, here are the legally required written disclosures under both federal and state laws that must be given to prospective tenants and/or included in the lease agreement.
Lead-Based Paint Hazard
Under federal law, if the rental property was built before 1978, a landlord is required to give a new tenant a written warning disclosure about the potential hazard of lead-based paint on the property. This disclosure warning should be included in the lease agreement. It is also a good idea to give the tenant a copy of the lead-based paint warning disclosure published by the Environmental Protection Agency.
Inform Tenant of Arizona State Law
Under Arizona state law Section 33-1322, a landlord is required to inform a tenant in writing that the Arizona Residential Landlord and Tenant Act is available online at the Arizona Department of Housing (housing.az.gov). This must be done when the lease applicant is approved and before the tenant moves in.
Bedbugs
Under Arizona state law Section 33-1319, if the residential unit is other than a single-family detached home (which is specifically excluded from this requirement), the landlord must provide the tenant with educational information about bedbugs (genus cimex and its eggs). This information can be from a non-profit health or community organization, the Center for Disease Control (CDC), or produced by the landlord. The landlord has discretion about what information to include.
A landlord cannot knowingly enter into a residential lease agreement for property infested with bedbugs. A tenant cannot knowingly move any items into a rental unit that are already infested with bedbugs.
Non-Refundable Fees
Under Arizona state law Section 33-1321(B), any fees charged by a landlord that are not refundable must be clearly itemized and identified in the written lease agreement. If they are not designated as not refundable then they are to be refunded in accordance with the rules about refunding the security deposit.
Move-In and Move-Out Checklist
Under Arizona state law Section 33-1321(C), the landlord must give the tenant a move-in checklist that is attached to the signed lease. The move-in checklist itemizes any existing damages to the rental unit. The move-in list must contain a written notification included in it, which states that the tenant can be present when the landlord conducts a move-out inspection.
If the tenant requests a joint move-out inspection, the landlord must give the tenant the date that this will occur unless the landlord has a reasonable cause to fear violence or intimidation from the tenant. A comparison between the move-in checklist and the move-out checklist is used to create the itemization of damages that were caused by the tenant.
Property Manager and Legal Service
Under Arizona state law Section 33-1322, if the landlord uses a property manager, this must be disclosed in writing along with the contact information of the property manager. Also, if another person is authorized to accept legal notices on behalf of the landlord, this needs to be disclosed in writing along with the contact information of that person.
