Arizona Standard Residential Lease Agreement

Introduction

An Arizona standard lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This document governs the rights, responsibilities, and obligations of both parties throughout the tenancy period. Arizona residential tenancies are primarily regulated by the Arizona Residential Landlord and Tenant Act, found in Arizona Revised Statutes (A.R.S.) Title 33, Chapter 10. ^[17]

This guide provides comprehensive information about Arizona residential lease agreements, including required disclosures, security deposit rules, rent payment laws, landlord and tenant obligations, and remedies for noncompliance.

Legal Framework

The Arizona Residential Landlord and Tenant Act applies to most residential rental agreements in Arizona. The Act establishes minimum standards that cannot be waived by agreement between the parties. Key statutes include provisions for rental agreement terms ^[3], security deposits ^[1], landlord disclosures ^[2], and prohibited lease provisions. ^[4]

Required Disclosures

Arizona law requires landlords to provide specific disclosures to tenants at or before the commencement of tenancy. Failure to provide required disclosures may result in penalties and affect the landlord's ability to enforce certain lease provisions.

Landlord Identification

The landlord must disclose in writing the name and address of: (a) the person authorized to manage the premises, and (b) the owner or a person authorized to act on behalf of the owner for service of process and receiving notices. This disclosure must be provided at or before the commencement of tenancy. ^[2]

Arizona Residential Landlord and Tenant Act Availability

At or before the commencement of tenancy, the landlord must inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing's website. ^{[2] [17]}

Lead-Based Paint Disclosure (pre-1978 Properties)

For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Landlords must provide tenants with an EPA-approved pamphlet on lead poisoning prevention and allow a 10-day opportunity (or other mutually agreed period) to conduct a lead inspection. ^{[8] [18]}

Nonrefundable Fees Disclosure

The purpose of all nonrefundable fees or deposits must be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable is considered refundable. ^[1]

Move-In/move-Out Checklist

On move-in, the landlord must furnish the tenant with: (a) a signed copy of the lease, (b) a move-in form for specifying any existing damages to the dwelling unit, and (c) written notification that the tenant may be present at the move-out inspection. ^[1]

Bed Bug Educational Materials

Pool Safety Notice

If the rental property includes a swimming pool or contained body of water, the landlord must provide a notice explaining pool safety education and responsibilities as approved by the Arizona Department of Health Services. ^[6]

Utility Charges Disclosure

If the landlord charges separately for utilities through submetering or ratio utility billing, the rental agreement must contain a disclosure listing the utility services charged separately and specifying any administrative fees. ^[7]

Security Deposit Laws

Arizona law regulates the amount, handling, and return of security deposits. Understanding these rules is essential for both landlords and tenants. ^[1]

Maximum Amount

A landlord may not demand or receive security (including prepaid rent) in an amount exceeding one and one-half (1.5) months' rent. However, this does not prohibit a tenant from voluntarily paying more than 1.5 months' rent in advance. ^[1]

Return of Security Deposit

Within fourteen (14) business days (excluding Saturdays, Sundays, and legal holidays) after termination of the tenancy and delivery of possession, the landlord must provide the tenant with an itemized list of all deductions together with any amount due. The itemized statement and any refund must be sent by first-class mail to the tenant's last known address, unless other arrangements are made in writing. ^[1]

Permitted Deductions

The landlord may apply security deposit funds to: unpaid rent, damages beyond normal wear and tear caused by the tenant, and other charges specified in the signed lease agreement or provided by law.

Tenant's Right to Dispute

The tenant has 60 days from the date the itemized list is mailed to dispute the deductions. If the tenant does not dispute within this period, the deductions are deemed valid and final. ^[1]

Penalty for Wrongful Withholding

If the landlord fails to comply with security deposit return requirements, the tenant may recover the money due plus damages equal to twice the amount wrongfully withheld. ^[1]

Rent Payment Laws

When Rent Is Due

Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit at the beginning of each month. ^[3]

Grace Period for Late Fees

Arizona law provides a five (5) day grace period before late fees can be charged. A rental agreement cannot permit the landlord to charge a late payment penalty unless the tenant is allowed a minimum of five days beyond the due date to remit payment. ^[4]

Maximum Late Fee

A landlord may charge a late fee of not more than $5 per day from the due date if payment is not made by the sixth day after the due date. ^[4]

NSF (bounced Check) Fee

If a tenant's check is dishonored (bounced), the landlord may charge a service fee of up to $25 plus any actual charges assessed by the financial institution. ^[9]

Landlord Obligations

Arizona law imposes specific duties on landlords to maintain rental properties. These obligations cannot be waived by the lease agreement. ^[10]

Habitability Requirements

The landlord must:

1. Comply with building codes materially affecting health and safety
2. Make all repairs necessary to keep premises fit and habitable
3. Keep common areas clean and safe
4. Maintain electrical, plumbing, sanitary, heating, ventilating, air-conditioning facilities and appliances in good working order
5. Provide and maintain trash receptacles and arrange for removal
6. Supply running water, hot water, heat, and air-conditioning (where installed) when required by seasonal conditions ^[10]

Right of Entry

The landlord must give at least two (2) days' notice before entering the dwelling unit, except in emergencies or when the tenant has made a maintenance request (which waives the notice requirement for that purpose). Entry must be at reasonable times, and the landlord may not abuse this right or use it to harass the tenant. ^[12]

Tenant Obligations

Tenants also have legal obligations under Arizona law. ^[11]

The tenant must:

1. Comply with building codes affecting health and safety
2. Keep occupied areas clean and safe
3. Properly dispose of garbage and waste
4. Keep plumbing fixtures clean
5. Use electrical, plumbing, sanitary, HVAC, and other facilities reasonably
6. Not deliberately or negligently damage the premises
7. Not disturb neighbors' peaceful enjoyment
8. Promptly notify landlord in writing of needed repairs ^[11]

Eviction Notice Requirements

Arizona law specifies the notice periods landlords must provide before initiating eviction proceedings. ^[13]

Material and Irreparable Breaches: Actions that may constitute immediate termination include illegal weapon discharge, homicide, prostitution, criminal street gang activity, drug manufacturing/selling/possession, assault, threatening/intimidating behavior, acts constituting a nuisance, or other conduct jeopardizing health, safety, and welfare. ^[13]

Tenant Remedies for Landlord Noncompliance

If the landlord fails to comply with lease obligations or habitability requirements, the tenant may: ^[14]

1. Deliver written notice specifying the breach
2. Terminate the lease if not remedied within 10 days (general breaches) or 5 days (health/safety violations)
3. Recover damages and obtain injunctive relief
4. Receive full security deposit return if lease is terminated due to landlord's breach

Lease Termination

Fixed-Term Leases: Automatically terminate at the end of the specified term without notice, unless the lease provides otherwise.

Month-to-Month Tenancies: Either party may terminate with at least 30 days' written notice. ^[15]

Week-to-Week Tenancies: Either party may terminate with at least 10 days' written notice. ^[15]

Fair Housing Compliance

All residential lease agreements must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, and disability. ^[16]

Landlords may not refuse to rent, set different terms, or provide different services based on these protected characteristics. Reasonable accommodations must be made for tenants with disabilities.

Prohibited Lease Provisions

Arizona law prohibits certain provisions in rental agreements. Any such provisions are unenforceable: ^[4]

A rental agreement may NOT require the tenant to:

1. Waive or forgo rights under the Arizona Residential Landlord and Tenant Act
2. Pay the landlord's attorney fees (except prevailing party provisions)
3. Limit or exculpate landlord liability
4. Pay late fees without a 5-day grace period
5. Pay fees for guests staying 14 days or less per month
6. Waive the right to call emergency services