An Arizona lease agreement is more than a list that outlines rent and rules; it’s a legal document that protects your property, sets expectations, and keeps you compliant with the law as a landlord.
Whether you have a condo in Phoenix or a single-family home in Scottsdale, the right lease agreement can help give you peace of mind.
Disclosures (10)
Arizona law requires landlords to disclose certain essential information up front. These disclosures are in place to help protect both parties and set the stage for a strong landlord-tenant relationship.
Note: The only federally required landlord disclosure requires the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978. The Arizona legislature will decide the rest of the required disclosures below.
- Lead-based paint: Federal law requires landlords to disclose any known information on lead-based paint and its hazards before the lease of homes built before 1978.
- Landlord’s name and address: Landlords must include their name and address in every Arizona lease agreement (ARS § 33-1322).
- Access to Landlord-Tenant Act: Landlords must inform tenants of the Arizona Landlord-Tenant Act document and where it can be found (ARS § 33-1322).
- Bed bugs: You must include educational material on bed bugs with the Arizona lease agreement, and cannot lease a unit with a known or suspected bed bug infestation (ARS § 33-1319).
- Non-refundable fees: The lease agreement must clearly outline any non-refundable fees. Failure to do so renders the fees refundable (ARS § 33-1321 B).
- Move-in checklist: Landlords must provide this checklist that compares the condition of the unit at move-in and move-out. Tenants are allowed 5 days to inspect the unit and document any damage (ARS § 33-1321 C).
- Residential pool safety: If the property has a pool, landlords must issue a pool safety notice approved by Arizona’s Department of Health Services (ARS § 36-1681 E).
- Shared utilities: If any tenants share utilities, landlords must clearly outline how they will split expenses (ARS § 33-1314.01).
- Notice of foreclosure. Arizona landlords are required to disclose if the rental property ever enters the foreclosure process (ARS § 33-1331 A).
- Rent adjustments due to property tax increases: If the property tax goes up on a rental property, landlords may raise the rent to reflect the increased expense with a written 30-day notice (ARS § 33-1314 E).
Optional Disclosures and Addenda
Just because something isn’t required doesn’t mean that it’s not a good idea. These disclosures, while not required, can help keep things running smoothly.
Asbestos: Informs tenants of potential asbestos-related hazards on the property.
Late/returned check fees: In Arizona, late fees must be “reasonable,” and returned check fees are capped at $25 (ARS § 44-6852).
Medical marijuana use: Outlines approved medical marijuana use on the property, as well as information on treatments.
Mold: Informs tenants about confirmed or suspected mold issues on the property, including remediation efforts.
Smoking: Informs tenants of approved smoking areas on the property that won’t disturb other residents.
Consequences of Not Including Mandatory Disclosures
Failure to disclose a mandatory disclosure can come back to haunt you, both legally and financially. Make sure to stay up to date on state and local laws to ensure that you are compliant.
Security Deposit Regulations in Arizona
Arizona has clear rules governing the collection, holding, and return of security deposits.
Maximum amount: Arizona landlords are allowed to charge up to 150 percent of 1 month’s rent as a security deposit (ARS § 33-1321 A).
Deposit receipt: There are no laws that require landlords to provide a receipt for the security deposit.
Interest payments: Landlords are not required to collect or pay interest on a tenant’s security deposit.
Security deposit return: Landlords must return adjusted security deposits to tenants within 14 days of the lease termination (ARS § 33-1321 D).
Deductions: Landlords must provide an itemized list of deductions, with receipts. Tenants have 60 days to dispute any of these deductions (ARS § 33-1321 D).
Rent Payment Regulations
From grace periods to late fees, Arizona laws are straightforward when it comes to rent payment regulations.
Do rent control/stabilization: There are no rent control or stabilization laws in Arizona.
Late rent fees: Per the state of Arizona, late rent fees must be “reasonable.”
Grace period: Arizona does not have a required grace period for late rent.
Tenant’s right to withhold rent: If repairs are needed to bring the rental to a habitable condition, tenants may withhold rent until the landlord makes the repairs. Alternatively, they can facilitate the repairs themselves and deduct the cost from future rent (A.R.S. § 33-1363).
Violations
Lease violations can happen at any time with any tenant. Knowing Arizona law helps you respond fairly and legally to any issues that may arise.
Lease violation: If a tenant violates any part of their lease, the landlord has recourse to help correct the situation, ranging from a 10-day Notice to Cure or Quit to an unconditional quit notice. The rules vary depending on the offense; it is always advisable to consult local laws.
Missed rent payment: If a tenant fails to pay rent, the landlord can issue a 5-day notice to pay rent or quit. If they don’t pay within the 5 days and fail to move out, the landlord can begin the legal eviction process (ARS § 33-1314 C).
Lease abandonment: If a tenant abandons their lease before the end of its term, they are liable for the remainder of the rent or until the landlord rents the unit again, whichever comes first (ARS § 33-1370).
Self-help evictions: Self-help evictions are illegal in Arizona, and landlords should never attempt to remove tenants themselves.
Terminating a Lease
Whether it’s the tenant or the landlord ending the Arizona lease agreement, there are clear state laws that outline when and how to terminate a lease.
Standard lease: In a standard lease, both tenants and landlords must legally fulfill the lease through its end. However, there are certain instances in which a tenant may be allowed to legally terminate their lease early, including active duty military service, abuse or assault, landlord misconduct, or other specified circumstances (SCRA) (ARS § 33-1318) (ARS § 33-1343).
Month-to-month: Either a tenant or landlord can terminate a month-to-month lease by providing 3o days’ written notice (ARS § 33-1375).
Property abandonment: If a tenant leaves behind property, the landlord must create an inventory, estimate storage costs, and send the estimate to the tenant (ARS § 33-1370 D). If they do not reply within 14 days, the landlord has the option to sell or donate the items.
Renewing a Lease
If your tenant is a keeper, renewing the lease can help save you both time and money. Here’s what you need to know about renewing an Arizona lease agreement.
Notice requirements: Landlords must give 30 days’ notice with good reason, or 90 days’ notice without good reason, if they do not intend to renew an expiring Arizona lease agreement (ARS § 33-2143).
Renewals: Arizona landlords are not required to renew lease agreements.
Landlord’s Access to Property
There are often situations that arise that require a landlord to enter the property. Arizona law requires clear communication and reasonable notice, so that you can take care of your property while respecting your tenant’s privacy.
Immediate access: In the event of an emergency, landlords are entitled to immediate access to their property (ARS § 33-1343 C).
Notice requirements: Arizona landlords are required to give tenants a minimum of 48 hours’ notice for routine maintenance and repairs (ARS § 33-1343 A).
Harassment: Failure to follow these guidelines could constitute landlord harassment, which may entitle the tenant to vacate their lease early without penalty.
