Arizona Residential Lease Agreement

Introduction

An Arizona lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This document outlines essential requirements, rights, and responsibilities under Arizona law, including the ^[1].

This comprehensive guide covers all aspects of Arizona residential leasing, from required disclosures to security deposits, rent payment terms, landlord entry rights, lease violations, and termination procedures. All information is verified against current Arizona Revised Statutes (A.R.S.).

Required Disclosures

Arizona law mandates that landlords provide specific disclosures to tenants before or at the time of lease execution. Failure to provide these disclosures may result in legal consequences.

Bedbugs Educational Materials

Landlords must provide bedbug informational materials to all tenants, except for single-family residences. These materials educate tenants on how to identify, prevent, and respond to bedbug infestations. ^[2]

Non-Refundable Fees Disclosure

Any fees or deposits that are non-refundable must be expressly stated as such in writing. If not clearly designated as non-refundable, the fee or deposit will be presumed refundable by law. ^[3]

Landlord-Tenant Act Disclosure

Landlords must notify tenants in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing website. While providing a physical copy is optional, informing tenants of its online availability is mandatory. ^[4]

Lead-Based Paint Disclosure

For properties built before 1978, federal law requires landlords to inform tenants about the potential presence of lead-based paint and provide an EPA-approved pamphlet titled "Protect Your Family from Lead in Your Home." ^[5]

Move-In Documents

On or before the tenant moves in, the landlord must provide: (1) a copy of the signed lease agreement, (2) a move-in condition checklist for the tenant to document existing damage, and (3) written notice that the tenant has the right to be present during the move-out inspection. ^[6]

Names and Addresses of Property Owners and Managers

Tenants must receive in writing the names and addresses of all property owners and any persons authorized to manage the premises. This disclosure must also identify who is authorized to accept legal notices and demands on behalf of the landlord. ^[7]

Pool Safety Notice

If the rental property has a swimming pool, landlords must provide all new tenants with a pool safety notice issued by the Arizona Department of Health Services. This notice outlines safety responsibilities and drowning prevention measures. ^[8]

Transaction Privilege Tax Adjustment Notice

Landlords may adjust rent if a transaction privilege tax is levied on residential rent, provided they give tenants at least 30 days' written notice before the rent increase takes effect. ^[9]

Shared Utility Services and Administrative Fees

The rental agreement must disclose all separately charged utility services and specify any related administrative fees. If utilities are shared among tenants, the method of calculating each tenant's portion must be clearly explained in the lease. ^[10]

Property Under Foreclosure Notice (Conditional)

If the rental property is currently in foreclosure proceedings, the landlord must notify the tenant in writing. This disclosure protects tenants from unexpected displacement due to foreclosure. ^[11]

Security Deposits

Maximum Security Deposit Amount

The maximum security deposit a landlord may require is one and one-half (1.5) months' rent. ^[12] However, for mobile home tenants, the maximum increases to two (2) months' rent. ^[13]

Interest on Security Deposits

Arizona law does not require landlords to pay interest on security deposits for standard residential leases. However, mobile home tenants are entitled to receive a minimum of 5% interest per year on their security deposit. ^[14]

Security Deposit Return Timeline

After the tenant moves out and requests the return of their security deposit, the landlord has 14 days (excluding Saturdays, Sundays, and legal holidays) to return the deposit and provide an itemized list of any deductions. The refund and itemized statement must be mailed by first-class mail to the tenant's last known address. ^[15]

Itemized Deduction List Required

Yes, landlords must provide an itemized list detailing all deductions from the security deposit. Tenants have 60 days to dispute any wrongful deductions. ^[15]

Separate Bank Account Requirement

Arizona law does not require landlords to hold security deposits in a separate bank account. Landlords may commingle security deposits with their personal or business funds.

Landlord's Right to Enter

Standard Access Requiring Notice

Landlords must provide at least two (2) days' notice before entering the rental property for non-emergency purposes such as inspections, repairs, or showing the unit to prospective tenants or buyers. Entry must occur during reasonable times. ^[16]

Emergency Access Without Notice

In emergency situations (such as fire, flood, gas leak, or other urgent circumstances threatening life or property), landlords may enter the premises immediately without providing advance notice. ^[17]

Rent Payment Terms

Grace Period for Rent Payment

Arizona law does not mandate a grace period for rent payment. Rent is due on the date specified in the lease agreement. ^[18] However, mobile home tenants receive a statutory 5-day grace period after the rent due date. ^[19]

Maximum Late Fee

Arizona statutes do not impose a statutory limit on late fees for standard residential leases. Landlords may charge any late fee amount stated in the lease agreement. However, for mobile home tenants, the maximum late fee is $5 per day. ^[20]

Dishonored Check (NSF) Fee

Landlords may charge a service fee of up to $25 plus any actual charges assessed by their financial institution for a dishonored (bounced) check. ^[21]

Tenant's Right to Withhold Rent

If the landlord fails to correct a material maintenance issue after receiving 10 days' written notice, the tenant may withhold the greater of $300 or one-half of the monthly rent to cover necessary repairs. ^[22] Additionally, tenants may withhold a "reasonable amount" of rent if essential services such as hot water, running water, heating, or electricity are not provided. ^[23]

Breaking a Lease and Eviction Procedures

Non-Payment of Rent

When a tenant fails to pay rent, the landlord may deliver a 5-day notice to pay rent or vacate the premises. If the tenant does not pay within five days, the landlord may proceed with eviction proceedings. ^[24]

Lease Violations and Non-Compliance

Arizona law establishes different notice requirements based on the type and severity of lease violations:• 10-Day Notice for correctable lease violations (e.g., unauthorized pets, minor lease infractions)• 5-Day Notice for health and safety violations• 10-Day Immediate Notice for repeated health and safety violations• Immediate Notice to Quit for non-correctable ("irreparable") lease violations such as illegal activity or material falsification of rental application^[25]

Tenant Maintenance Failures

If the tenant fails to maintain the property in a manner that creates health and safety issues, the landlord may take the following actions: (1) in emergencies, the landlord may repair immediately and bill the tenant, or (2) for non-emergencies, the landlord may provide 14 days' notice. If the tenant does not resolve the issue within that timeframe, the landlord may repair the problem and charge the tenant for service costs. ^[26]

Unlawful Lockouts and Tenant Remedies

If a tenant is unlawfully locked out or evicted without proper legal process, they may file a court complaint to either terminate the lease or recover possession of the property. In either case, the tenant is entitled to damages equal to the greater of two months' rent or double their actual damages. ^[27]

Early Termination and Property Abandonment

If a tenant vacates the property before the lease end date, the landlord must issue a 5-day notice of abandonment. Property is considered abandoned if:• The tenant is absent for at least 7 days, rent is unpaid for 10 days, and there is no reasonable evidence (other than personal belongings) that the tenant still occupies the residence; OR• The tenant is absent for at least 5 days, rent is unpaid for 5 days, and none of the tenant's personal property remains in the unit.^[28]After the 5-day abandonment notice period expires, the landlord may reclaim the property and use the tenant's security deposit to cover unpaid rent and related expenses.

Landlord's Duty to Mitigate Damages

When a tenant abandons the property or breaks the lease early, landlords have a legal obligation to make reasonable efforts to re-rent the unit. If the property is successfully re-rented, the former tenant is only liable for rent during the period the property remained vacant. ^[29]

Lease Termination

Terminating Month-To-Month Leases

Either party may terminate a month-to-month rental agreement by providing at least 30 days' written notice. The notice period is calculated from the next payment due date. ^[30]

Handling Unclaimed Tenant Property

If a tenant abandons personal belongings after the lease terminates, the landlord must take inventory of all items left behind and send the inventory along with storage costs to the tenant. Valuable items must be held for 14 days after the landlord reclaims the rental unit. After the 14-day holding period, the landlord may sell or donate the tenant's belongings. Any proceeds from the sale, after deducting storage and selling costs, must be mailed to the tenant. ^[31]

Tenant Protections Against Retaliation

Prohibited Retaliatory Actions

Arizona law prohibits landlords from retaliating against tenants who exercise their legal rights. Landlords may not retaliate by increasing rent, decreasing services, or initiating eviction proceedings when a tenant:• Reports building or housing code violations to government agencies• Complains to the landlord about violations of the landlord's maintenance obligations• Organizes or joins a tenants' union or similar organization• Reports wage-price stabilization violations^[32]

Presumption of Retaliation

If a tenant files a complaint within six months before an alleged retaliatory action (such as rent increase or eviction notice), Arizona law presumes the landlord's action was retaliatory. The burden then shifts to the landlord to prove the action was not retaliatory. ^[32]

Exceptions to Retaliation Protections

Landlords may still pursue eviction even after a tenant complaint if: (1) the tenant or a household member caused the code violation through lack of reasonable care, or (2) the tenant is behind on rent payments (though landlords remain liable for maintenance obligations). ^[32]

Health and Safety Requirements

Material Conditions Affecting Health and Safety

Arizona law defines specific conditions that materially affect the health and safety of residential rental occupants. Landlords must address these conditions to maintain habitable premises:Sanitation and Utilities:• Lack of or inadequate water closets, lavatories, bathtubs, or showers• Missing or non-compliant kitchen sinks• Absence of hot or cold running water• Insufficient heating and cooling systems• Infestation of insects, vermin, or rodentsStructural Issues:• Deteriorated foundations lacking proper drainage• Unsafe flooring or roof supports• Walls or supports that split, lean, list, or buckle• Defective fireplaces or chimneysFire Safety:• Buildings posing fire or explosion risks• Lack of adequate fire detection systems as required by law• Inadequate fire-resistive construction or extinguishing systemsOther Hazards:• Hazardous electrical wiring not meeting building codes• Non-compliant plumbing with dangerous cross-connections• Damaged exterior or roof coverings allowing water intrusion• Broken windows or doors, or inoperative ventilation^[33]

Legal Disclaimer

This document is provided for informational purposes only and does not constitute legal advice. While every effort has been made to ensure accuracy by verifying all information against current Arizona Revised Statutes, landlord-tenant laws are subject to change, and individual circumstances may vary.Landlords and tenants should consult with a qualified Arizona attorney for specific legal guidance related to their rental situation. For the most current version of Arizona statutes, visit the official Arizona State Legislature website at www.azleg.gov.