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Arizona State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can navigate these with ease. 

This article is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all laws applicable to your unique situation. 
 

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in your area. Your state bar association may have a referral service that can help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations, and Guide

Details

Security Deposit:

  • Security Deposit Maximum: Landlords cannot demand more than one and one-half month’s rent for a deposit and/or any prepaid rent. This does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance. (Ariz. Rev. Stat. Ann. §§ 33-1321(A))
  • Security Deposit Interest: No Statute
  • Nonrefundable Fees: Allowed, but the fee must be stated in the written lease agreement. (Ariz. Rev. Stat. Ann. §§ 33-1321(B))
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits and Additional Fees: Yes, but the total deposit must not exceed the limit of one and one-half month’s rent. (Ariz. Rev. Stat. Ann. §§ 33-1321(A))
  • Deadline for Returning Security Deposit: 14 days, excluding weekend days and legal holidays (Ariz. Rev. Stat. Ann. §§ 33-1321(D))
  • Require Written Description / Itemized List of Damages and Charges: Yes. The list must be sent along with the security deposited the tenant is owed, via first class mail (Ariz. Rev. Stat. Ann. §§ 33-1321(D))
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: No Statute
  • Failure to Comply: If the landlord fails to comply with Ariz. Rev. Stat. Ann. §§ 33-1321(D), the tenant may recover the property and money due together with damages in an amount equal to twice the amount wrongfully withheld. (Ariz. Rev. Stat. Ann. §§ 33-1321(E))

Lease, Rent & Fees:

  • When Rent Is Due: Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise determined, rent is payable at the dwelling unit. Periodic rent is payable at the beginning of any term of one month or less and otherwise in monthly installments at the beginning of the month. Rent shall be uniformly apportionable from day-to-day unless an alternative arrangement is made. (Ariz. Rev. Stat. Ann. §§ 33-1314(C))
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No statute for residential dwellings. Five days for manufactured homes (Ariz. Rev. Stat. Ann. §§ 33-1414(A4)).
  • Late Fees: No statute for residential dwellings. Late fees for manufactured homesmust not to exceed five dollars per day. (Ariz. Rev. Stat. Ann. §§ 33-1414(C))
  • Prepaid Rent: Landlord cannot demand more than one and one-half month’s rent for the total deposit and any prepaid rent combined. This does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance (see “security deposit maximum,” above). (Ariz. Rev. Stat. Ann. §§ 33-1321(A))
  • Returned Check Fees: No Statute
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (Ariz. Rev. Stat. Ann. §§ 33-1364)
  • Tenant Allowed to Repair and Deduct Rent: Yes, but only with proper notice, and a 10-day waiting period for non-emergencies. Withheld rent must not be more than $300 or one-half of the monthly rent, whichever is greater. (Ariz. Rev. Stat. Ann. §§ 33-1363)
  • Landlord Allowed to Recover Court and Attorney Fees: Yes (Ariz. Rev. Stat. Ann. §§ 12-341.01)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (Ariz. Rev. Stat. Ann. §§ 33-1370(C))

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more from lease expiration. (Ariz. Rev. Stat. Ann. §§ 33-1375(B))
  • Notice to Terminate Tenancy – Week-to-Week Lease: At least 10 days from lease expiration. (Ariz. Rev. Stat. Ann. §§ 33-1375(A))
  • Tenant Holdover: If the tenant remains in possession without the landlord’s consent after the rental agreement expires or is terminated, the landlord may bring an action for possession. If the tenant’s holdover is willful and not in good faith, the landlord, in addition, may recover an amount equal to no more than two months’ rent or twice the actual damages sustained by the landlord, whichever is greater. (Ariz. Rev. Stat. Ann. §§ 33-1375(C))
  • Notice of Date/Time of Move-Out Inspection: Upon the tenant’s request, the landlord must perform a joint move-out inspection. If the tenant is being evicted for a material and irreparable breach, and the landlord has reasonable cause to fear violence or intimidation from the tenant, the landlord has no obligation to conduct the joint move-out inspection. The landlord must provide a written notification to the tenant that the tenant may be present at the move-out inspection. (Ariz. Rev. Stat. Ann. §§ 33-1321(C))
  • Lease Terminations / Notices to Quit:
    • Lease Termination for Nonpayment: 5 days to remedy or quit (Ariz. Rev. Stat. Ann. §§ 33-1368(B))
    • Termination for Lease Violation: 10 days to remedy or quit, but only 5 days notice is required for noncompliance by the tenant, if the tenant’s breach affects health and safety (Ariz. Rev. Stat. Ann. §§ 33-1368(A) and 33-1341)
    • Termination of Lease for Falsification of Information: 10 days notice is required if the tenant falsified a criminal record, previous eviction record, or current criminal activity. (Ariz. Rev. Stat. Ann. §§ 33-1368(A2))
    • Immediate Lease Termination: Allowed, if tenant is responsible for illegal discharge of a weapon, homicide (see Sections 13-1102 through 13-1105), prostitution (see Section 13-3211), criminal street gang activity (see Section 13-105), activity as prohibited in Section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance ( see Section 13-3451), threatening or intimidating (see Section 13-1202), assault (see Section 13-1203), acts that have been found to constitute a nuisance(see Section 12-991), or a breach of the lease agreement that jeopardizes the health, safety and welfare of the landlord, the landlord’s agent, or another tenant or involves imminent or actual serious property damage. (Ariz. Rev. Stat. Ann. §§ 33-1368(A2))
  • Required Notice before Entry: Two days (Ariz. Rev. Stat. Ann. §§ 33-1343(D))
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (Ariz. Rev. Stat. Ann. §§ 33-1343(A))
  • Entry Allowed with Notice for Showings: Yes (Ariz. Rev. Stat. Ann. §§ 33-1343(A))
  • Emergency Entry Allowed without Notice: Yes (Ariz. Rev. Stat. Ann. §§ 33-1343(C))
  • Entry Allowed During Tenant’s Extended Absence: No Statute (Ariz. Rev. Stat. Ann. §§ 33-1343)
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No. If the landlord fails to comply, the tenant may recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater. If the tenant terminates the lease, the landlord is required to return the entire security deposit. (Ariz. Rev. Stat. Ann. §§ 33-1367)

Disclosures and Miscellaneous Notes:

  • Landlord Responsibilities: The Landlord must maintain the rental unit so that it is fit and habitable (Ariz. Rev. Stat. Ann. §§ 33-1324).
  • Tenant Responsibilities: The tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise (Ariz. Rev. Stat. Ann. §§ 33-1341).
  • Recording of Rental Property: An owner of residential rental property shall register the property with the assessor in the county where the property is located. (Ariz. Rev. Stat. Ann. §§ 33-1902)
  • Name and Addresses: Landlord must disclose the name and address of the property owner and anyone authorized to manage the property. (Ariz. Rev. Stat. Ann. §§ 33-1322)
  • Disclosure of the Landlord and Tenant Act: Before or at the beginning of the tenancy, the landlord shall inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing’s website. (Ariz. Rev. Stat. Ann. §§ 33-1322)
  • Move-In Documents: The landlord shall provide the tenant with a copy of a signed lease, a move-in form for specifying any existing damages to the dwelling unit, and written notification to the tenant that the tenant may be present at the move-out inspection. (Ariz. Rev. Stat. Ann. §§ 33-1321(C))
  • Bedbugs: The landlord shall provide bedbug educational materials to existing and new tenants. If the landlord knows that a rental unit has a bedbug infestation, the landlord shall not enter into any lease agreement with a tenant. (see Ariz. Rev. Stat. Ann. §§ 33-1319 for more information).
  • Domestic Violence Situations:
  • Assumption of Retaliation: The Landlord must not terminate or refuse to renew a lease, or reduce services, to a tenant who has filed an official complaint to a Government Authority or has been involved in a tenant’s organization in the previous six months. (Ariz. Rev. Stat. Ann. §§ 33-1381)
  • Tenant’s Personal Property:
    • The landlord shall hold the tenant’s personal property for 10 days after the landlord’s written declaration of abandonment. The landlord shall use reasonable care in holding the tenant’s personal property. Then, the landlord may sell the property to pay outstanding debts. Any excess proceeds shall be mailed to the tenant at the tenant’s last known address. (Ariz. Rev. Stat. Ann. §§ 33-1370(E))
    • The landlord must keep records of the sale for twelve months. (Ariz. Rev. Stat. Ann. §§ 33-1370(F))

Court Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. An owner of a residential rental property is required to register the property with the assessor in the county where the property is located. (Ariz. Rev. Stat. Ann. §§ 33-1902)

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor and Landlord/Tenant Associations

State Rental Laws Neighboring Arizona

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