A residential lease agreement in Phoenix is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Residential Lease Agreement Requirements in Phoenix
Phoenix has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants follow Arizona requirements for lease agreements.
Landlord-Tenant Rights and Regulations in Phoenix
Phoenix outlines a few important laws and regulations regarding landlord-tenant rights. Landlords should be aware of the following:
Registration of Residential Rental Property
In Phoenix, a property owner must notify the County Assessor within 10 days if any of the following information changes:
- The name, address, and phone number of the property owner
- The street address and parcel number of the property
- The year the building was built
If the property owner has not filed this information within the given time period, and the tenant wishes to end their tenancy, they must send the property owner a 10-day notice. If the owner does not provide the updated information within 10 days, they must return all prepaid rent back to the tenant.
Source of Income Ordinance
In March of 2023, the Phoenix City Council approved an ordinance stating that a person cannot refuse to sell or rent a property due to one’s source of income. Violation of this code could result in penalties of up to $2,500.
Optional Lease Agreement Disclosures and Addendums in Phoenix
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Pest Control Disclosure
Due to Arizona’s high rat population, a pest control disclosure is recommended. This should highlight the tenants’ responsibilities surrounding pest prevention–including reporting any signs of pests to management as soon as possible.
Medical Marijuana Use Disclosure
Medical marijuana use is legal in Phoenix—which is why it’s important to disclose if it will be permitted on the property. Arizona law allows landlords to restrict marijuana usage to non-smoking methods only. Clarify if there are designated smoking areas on the premises.
Since Phoenix is known as a pet-friendly city, landlords should address the building’s pet policies. This disclosure should include whether or not pets are allowed on the property, the tenant’s responsibility to cover any pet-related damages, and any additional pet fees or restrictions.
Summary of Required Lease Disclosures for the State of Arizona
- Landlord’s Name and Address – Landlords, owners, or anyone who acts on the landlord’s behalf must provide their name and address to the tenant (in writing).
- Move-In Checklist – Arizona requires landlords to provide a move-in checklist (with a signed copy of the lease) upon renting the property.
- Residential Landlord-Tenant Act – In Arizona, the landlord must inform the tenant that they can locate the Arizona Residential Landlord and Tenant Act on the Arizona Department of Health website.
- Shared Utilities Arrangement – When multiple units share a master meter for the whole property, the landlord may charge separately for utilities.
- Bed Bugs – This disclosure protects against the contraction and spread of bed bugs. Landlords may not rent out a unit with an active infestation. They also must provide educational materials and include a bed bug section in the lease.
- Rent Adjustments – If taxes increase on residential rent, a landlord may increase the rent by the same figure for a current lease (with a rent adjustment disclosure). This rent increase requires 30 days’ notice and may not begin until the new tax comes into effect.
- Non-Refundable Fees – If a landlord charges non-refundable fees (i.e., for pets or access to amenities), they must state them as nonrefundable in the lease. Otherwise, they are subject to a refund upon termination of the lease.
- Pool Enclosure Disclosure – For properties with a pool, an enclosure must surround the swimming area. Any lease agreement with pool access should contain an educational safety notice regarding the use and maintenance of the pool.
- Security Deposit Collections – When collecting a security deposit, landlords must provide a blank move-in checklist, a signed lease agreement, and a notice that the tenant may be present at the move-out inspection.
- Lead-Based Paint – It is a federal law in the United States that any home built before 1978 must disclose the risks posed by lead-based paints.