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Arizona Landlord Tenant Laws

January 17, 2023

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Quick Facts

Required Disclosures  

Lead-based paint 
Landlord/agent ID 
Nonrefundable fees 
Move-in checklist 
Bedbugs 
Shared utilities 
Transaction privilege tax change 
Arizona Landlord-Tenant Act 
Pool safety 
  
Rent and Fees  

Application Fees: N/A 
Rent Control: N/A 
Late Fee Limit: $5 per day 
Grace Period Minimum: 5 days 
  
Security Deposits  

Amount Limit: 1.5 times monthly rent 
Interest: N/A 
Return Within: 14 days  
Fair Housing Protections  

Race 
Color  
National origin  
Religion  
Sex  
Familial status  
Disability  
  
Entry  

Notice: 2 days 
Permitted Times of Entry: Reasonable 
  
Evictions  

Rent Demand Notice: 5-day pay-or-quit notice 
Notice for Lease Violation: 10-day cure-or-quit notice 
Unconditional Notice to Quit: Immediately 

Arizona Landlord-Tenant Law 

Understand the essential landlord-tenant laws in Arizona before enforcing your own rental policies. Find more information in the Arizona state law code. 

Required Disclosures 

Lead-based paint  

(Title X, Section 1018

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. 

Landlord/Agent Identification 

(ARS § 33-1322

(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. 

Nonrefundable Fees 

(ARS § 33-1321(B)

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. 

Move-in Checklist 

(ARS § 33-1321(C)

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. 

Bedbugs 

(ARS § 33-1319

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. 

Shared Utilities 

(ARS § 33-1314.01(G)

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 

(ARS § 33-1314(E)

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 

(ARS § 33-1322

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. 

Pool Safety 

(ARS § 36-1681(E)

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). 

Security Deposits 

  • 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 

Protected Classes 

  • Federal law prohibits discrimination in housing based on race, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Arizona state law also guarantees these protections (ARS § 41-1491.14). 

Credit Reports 

  • 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.  

Criminal Histories 

  • 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. 

Entry 

  • 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 

  • Notice for Nonpayment: 5 days to pay or quit (ARS § 33-1368(B)). 
  • Notice for Lease Violation: 10 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 (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)). 

Other Laws and Facts About Arizona 

  • The median rent rate in Arizona is $2,195. 
  • The median rent rate in Phoenix is $2,007. 
  • If a landlord in Arizona violates the laws of entry dictated by ARS § 33-1343, the tenant may recover actual damages not less than one month’s rent (ARS § 1376(B)). 

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