Arizona Landlord Tenant Laws
January 17, 2023
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|Required Disclosures |
Transaction privilege tax change
Arizona Landlord-Tenant Act
Rent and Fees
Application Fees: N/A
Rent Control: N/A
Late Fee Limit: $5 per day
Grace Period Minimum: 5 days
Amount Limit: 1.5 times monthly rent
Return Within: 14 days
|Fair Housing Protections |
Notice: 2 days
Permitted Times of Entry: Reasonable
Rent Demand Notice: 5-day pay-or-quit notice
Notice for Lease Violation (Health and Safety): 5-day cure-or-quit notice
Notice for Repeat Violation: 10-day quit notice
Falsification of General Information on Rental Application: 10-day cure-or-quit notice
Falsification of Criminal/Eviction Information on Rental Application: 10-day quit notice
Unconditional Notice to Quit: Immediate
Arizona Landlord-Tenant Law
Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
(The landlord must disclose to the tenant in writing the name and address of the person authorized to manage the premises and the owner of the premises, or the person authorized to act on their behalf who may receive notices and demands.
Landlords must provide a written statement indicating the purpose of all nonrefundable fees or deposits. Fees that are not designated as nonrefundable are automatically treated as refundable.
Landlords must provide tenants with a move-in form listing any existing damages to the property and explaining that the tenant may be present at the subsequent move-in checklist.
Landlords in Arizona must provide bedbug educational materials to new and existing tenants. These materials may include a description of prevention measures, information about bedbugs and a description of their appearance, and behaviors that may attract bedbugs. The landlord may also include information provided by the Centers for Disease Control and Prevention (CDC) or other state and local health or housing agencies.
Landlords are prohibited from entering into a lease agreement for a dwelling unit that the landlord knows is currently infested with bedbugs.
If the landlord uses a ratio utility billing system to allocate costs between tenants, the rental agreement must include a disclosure describing the ratio utility billing method used to determine each tenant’s bill.
Transaction Privilege Tax Change
If a municipality changes the percentage of a transaction privilege tax on residential rent, the landlord may adjust rent pursuant to this. However, they must disclose their right to do so in the rental agreement and give the tenant 30 days’ written notice.
Arizona Landlord-Tenant Act
Landlords must inform their tenants in writing at or before the beginning of the tenancy that the Arizona residential landlord and tenant act is available online on the Arizona Department of Housing’s website.
Landlords who own properties with swimming pools must provide renters with a notice explaining the safety education and responsibilities of pool ownership or usage. This information should be approved by the department of health services, as summarized in this Arizona Residential Pool Safety Notice.
Rent and Fees
- Rent Due Date: Rent in Arizona is due on the date specified in the rental agreement, typically the first of the month.
- Application Fees: Rental application fees are not regulated in Arizona.
- Rent Increases: There is no statewide rent control in Arizona.
- Late Fees: $5 per day, according to Arizona late fee laws (ARS § 33-1414(C)).
- Grace Period: 5 days (ARS § 33-1414(C)).
- NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of up to $25 (ARS § 44-6852).
- Withholding Rent/Repair and Deduct: If the landlord fails to remedy a condition they are obligated to maintain, the tenant may withhold funds from rent up to $300 or half of monthly rent, whichever is greater. The tenant may also notify the landlord of their intention to repair and deduct. If the landlord receives this notice and does not comply within 10 days, the tenant may arrange for the repair to be completed by a licensed contractor and deduct the actual and reasonable cost of the work from rent, up to the limit specified above. Tenants may not withhold rent or repair and deduct if the condition was caused by the tenants’ negligence (ARS § 1363).
- Deposit Limit: 1.5 months’ rent (ARS § 33-1321(A)).
- Interest: Landlords in Arizona are not required to pay interest on security deposits.
- Return Within: 14 days, excluding Saturdays, Sundays, and other legal holidays (ARS § 33-1321(D)).
- Deposit Location: There is no statute in Arizona designating where security deposits should be held.
- Withholding: Landlords may withhold funds from the security deposit for unpaid rent, any other charges specified in the lease agreement, or to cover damages to the dwelling unit caused by the tenant. Landlords must also provide an itemized list of deductions together with the remainder of the security deposit (ARS § 33-1321(D)).
Tenant Screening and Fair Housing Protections
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Arizona state law also guarantees these protections (ARS § 41-1491.14).
- Arizona landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
- Are background checks illegal in Arizona? According to Arizona criminal background check laws, background checks may be used during tenant screening. Landlords may discriminate based on convictions under federal or state law or due to the illegal manufacture or distribution of drugs (ARS § 41-1491.14(C)).
- Arizona landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
- Advanced Notice: 2 days’ notice. (ARS § 33-1343(D)).
- Permitted Times: Landlords in Arizona may only enter at reasonable times. They may enter to inspect the premises, make necessary or agreed repairs, make alterations or improvements, supply necessary services, or show the unit to prospective tenants or buyers (ARS § 33-1343(A, D)).
- Emergency Entry: In case of emergency, landlords may enter the property without consent or prior notice (ARS § 33-1343(C)).
Evictions are complex legal processes often misunderstood by both parties. Before pursuing eviction in Arizona, consider hiring an experienced real estate attorney and be sure to review the Arizona eviction process in more detail.
- Notice for Nonpayment: 5 days to pay or quit (ARS § 33-1368(B)).
- Notice for Lease Violation (Health & Safety): 5 days to cure or quit. According to eviction laws in Arizona, if the tenant’s breach or noncompliance materially affects health and safety, the landlord may send notice that the lease will terminate in five days if the breach is not fixed (ARS § 33-1368(A)).
- Notice for Repeat Violation: 10 days to quit. This notice applies if the tenant commits a second lease violation of the same or similar nature within the same term as a previous remedy of noncompliance. No cure period is necessary (ARS § 33-1368(A)).
- Falsification of General Information on Rental Application: 10 days to cure or quit. This notice applies if the tenant falsified any general information on their rental application (such as the number of occupants, pets, income, social security number, or current employment) (ARS § 33-1368(A)).
- Falsification of Criminal/Eviction Information on Rental Application: 10 days to quit. If the tenant is found to have falsified information about their criminal record, prior eviction record, or current criminal activity on their rental application, the eviction notice becomes non-curable (ARS § 33-1368(A)).
- Unconditional Notice to Quit: The landlord may terminate the rental agreement immediately if the tenant commits a “material and irreparable act” on the premises. This may include the illegal discharge of a weapon, homicide, prostitution, criminal street gang activity, unlawful drug activity, threatening or intimidating behavior, assault, or another breach of the lease that involves jeopardizes the health, safety, or welfare of the landlord or that involves serious property damage (ARS § 33-1368(A)).