Arizona

Arizona Landlord Tenant Law

The Arizona Residential Landlord and Tenant Act governs the renting of residential units in the State of Arizona and are set in place for the benefit of property owners as well as tenants. The Act explains the rights and obligations of each party and protects each party during tenancy.

This information is not intended to substitute for the legal advice or consultation with an attorney nor is it meant to include a complete list of all laws and statutes covered under the Arizona Residential Landlord and Tenant Act. For assistance with your own personal questions or issues, you may want to contact an appropriate Arizona Government Agency or a qualified attorney who specializes in landlord-tenant law.

Arizona Landlord Tenant Law

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Arizona Residential Landlord and Tenant Act Security Deposit

Under the Arizona Landlord Tenant Laws, a property owner may request that the tenant submit a security deposit, as provided under section 33-1321. However, the amount of the security deposit must not exceed an amount “in excess of one and one-half month’s rent.”

The amount of security deposit paid by the tenant and received by the property owner or landlord must also be stated in writing. A security deposit serves multiple purposes. It demonstrates that a tenant is serious about renting the property when a security deposit is tendered and serves as assurance to the tenant that the property owner or landlord is holding the property for the tenant. This type of agreement may take place when a prospective tenant wants to rent the property but must wait until their next payday to have enough money to pay both the security deposit and rent prior to moving in. Security deposits will also compensate at least a portion of delinquent rent should a tenant vacate the premises without notice, damages the property or is evicted. Once a tenant leaves the property, the proper Arizona Disposition of Security Deposit form, available under the list of Landlord Forms explains if any of the tenant’s security deposit is withheld and the reason(s) why.

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Termination of Tenancy

“Article 3. Termination of Tenancy” provides that a tenancy will terminate at the end of each year unless written permission is given regarding how long the tenant may stay past the expiration of the tenancy. In the case of month-to-month tenancy, either the landlord or the tenant must give 10 days notice. If the tenant fails to surrender the premises at the end of a tenancy, the landlord may initiate remedies provided to landlords under Article 4, which includes forcible entry and detainer. First, the landlord will want to deliver a written notice after the rent is five days past due, which demands payment of rent and explains that the landlord will seek restitution of the premises. Arizona 33-1368(B) which states that “A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377.”

Arizona Forcible Entry and Detainer

The specific obligations of tenants are described in the Arizona Landlord Tenant Laws in “Article 3. Tenant Obligations.” Should any tenant of a residence fail to comply with the tenant obligations or otherwise violates terms of the lease, an action of Forcible Entry and Detainer may be filed against the tenant which will force the tenant out, permitting the property owner or landlord to recovery of possession of the premises. Arizona Landlord Tenant Laws, “Article 4. Forcible Entry and Detainer,” provides the definition of forcible entry and detainer, acts which constitute the charge, rights of tenant when a forcible entry and detainer action is filed, as well as remedies provided. Once an action is filed, the hearing is held between five and thirty days after the action was filed.

Article 4. 12-1178(A) provides that “If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff’s option, all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution.” If a tenant refuses to vacate when ordered to do so, the tenant may also face charges of criminal trespass in the third degree pursuant to section 13-1502. If the tenant is found not guilty in a forcible detainer action, the landlord is assessed damages, tenants’ attorney fees, court costs and any other relevant costs.

Miscellaneous Arizona Landlord Tenant Law notes

Names and addresses – Every Arizona property owner must disclose to the tenant the names and addresses of any party authorized to manage the property or otherwise act on the behalf of the owner at the beginning of the tenancy under § 33-1322. Disclosure and Tender of Written Rental Agreement – A. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following:

1. The person authorized to manage the premises.

2. An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands § 33-1310. General definitions – defines general terms related to the content of Arizona Landlord Tenant Law

Article 2. Landlord Obligations – explains all obligations of landlord under the Landlord Tenant Act, including supplying tenant with possession of the premises, maintaining a fit premises and limitations of liability.

Article 3. Tenant Obligations – Gives all details regarding tenant responsibilities throughout the tenancy. § 33-1343. Access – specifies the right of access, that the landlord must not abuse right of access and that “Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times.”

Disclosure of the Arizona Residential Landlord and Tenant Act – The property owner or landlord must provide to the tenant a written notice that advises the tenant that the Landlord Tenant Act is available “on the Arizona department of housing’s website” at or before the beginning of the tenancy.

§ 33-1318. Early termination by tenant for domestic violence; conditions; lock replacement; access refusal; treble damages; immunity – explains tenant rights, responsibilities regarding any complaint or court action regarding tenant being victim of domestic violence during a tenancy.

§ 33-1370. Abandonment; notice; remedies; personal property; definition – defines the details that constitute abandonment of the property by a tenant, process that a landlord can regain the property after abandonment and disposition of the tenant’s personal possessions and belongings.

Bedbug Notice –

33-1319. Bedbug control; landlord and tenant obligations; definitions – governs the obligations of an Arizona landlord regarding bedbug infestations Arizona Residential Landlord Tenant Act – Revised July 2018 (PDF) is the most recent version of the complete act.

Arizona Mobile Home Parks Residential Landlord And Tenant Act – Arizona Revised Statutes Title 33 Chapter 11 governs tenancy of a mobile home and as stated in 33-1402 Purposes, “Underlying purposes and policies of this chapter are: 1. To simplify, clarify and establish the law governing the rental of mobile home spaces and rights and obligations of landlord and tenant.

2. To encourage landlord and tenant to maintain and improve the quality of mobile home housing.”

The Arizona Department of Housing explains that the Department of Fire, Building and Life Safety is responsible for enforcing and maintaining all quality and safety standards for manufactured and mobile homes.

Arizona Tenant Screening Background Checks

A key component of landlord tenant laws is also Arizona Tenant Screening Background Checks. We’ve dedicated an entire page to it because of its importance. start ordering a tenant screening background check now!

Arizona Landlord Forms

All states require a variety of forms to rent an apartment to a tenant and Arizona is no exception. Check out American Apartment Owners Association’s Arizona Landlord Forms now.

Nationwide Landlord Tenant Laws

Looking for landlord tenant laws outside of Arizona? The American Apartment Owners Association offers helpful landlord tenant laws for all 50 states. Click on any of the states listed below and go directly to its landlord tenant laws page.

Reminder: This information is a general explanation and summary of Arizona Landlord Tenant Law but is in no way meant to substitute for legal advice, nor does it list all the statutes under the Arizona Residential Landlord Tenant Act.