Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Arizona, residential lease documents—including their structure, nature, and contents—are regulated by Arizona landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of an Arizona rental lease, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Arizona lease template for download!
An Arizona lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease adheres to Arizona’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Arizona rental lease agreement. Note that these components primarily apply to residential leases; an Arizona commercial lease agreement will necessarily have different requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. Arizona does not have any statewide rent control laws, meaning that there are no restrictions or regulations on the price of rent in the state. However, individual cities or counties in Arizona may have their own laws on rent increases, so be sure that you know which laws apply in your region.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. Arizona law does not limit late fees for residential properties, but late fees for mobile homes are limited to $5 per day (ARS § 33-1414(C)). Additionally, mobile home properties in Arizona have a mandatory five-day grace period, meaning that landlords cannot charge late fees or enforce any other penalties until rent is at least five days late. All Arizona lease agreements should be careful to clearly describe the late fee policy, so that tenants know exactly what will happen if they are late on rent.
Security Deposit
This section of the lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
The maximum or limit for security deposits in Arizona is 1.5 months’ rent. Additionally, when the lease terminates, the landlord must return the security deposit (minus any deductions) within 14 days (Saturdays, Sundays, and legal holidays are excluded) (ARS § 33-1321(D)).
Every Arizona rental agreement should clearly describe the landlord’s late fee policy so that tenants know exactly what will happen if they are late to pay rent.
Required Disclosures
This section encompasses crucial required disclosures in Arizona, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. In Arizona, the required disclosures are:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
- Landlord/agent identification – Landlords in Arizona must disclose the name and address of the owner and the person authorized to manage the premises.
- Nonrefundable fees – Arizona landlords are required to provide a written notice disclosing the purpose of all nonrefundable fees or deposits.
- Move-in checklist – Landlords in Arizona must provide tenants with a move-in checklist.
- Bedbugs – Landlords in Arizona are required to provide bedbug educational materials to new and existing tenants, including information provided by the CDC or a local health agency.
- Shared utilities – If an Arizona landlord uses a ratio utility billing system, the lease must disclose the method used to allocate costs between tenants.
- Transaction privilege tax change – Arizona landlords must disclose their right to adjust the rent pursuant to a municipal change in the percentage of a transaction privilege tax on residential rent.
- Arizona Landlord-Tenant Act – Landlords in Arizona must disclose to tenants that the Arizona residential landlord and tenant act is available online.
- Pool safety – Landlords in Arizona whose properties have swimming pools must disclose to renters the safety education and responsibilities of pool ownership and usage.
Landlord Right to Entry
In Arizona, there are specific laws governing when a landlord can enter a rental property. Landlords in Arizona must provide at least two days’ notice before entering an occupied unit for any non-emergency reason. Additionally, entry can only be made at reasonable times (ARS § 33-1343(A, D)).
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Arizona residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
An Arizona residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in Arizona, landlords must send eviction notices of specific lengths:
- A 5-day pay-or-quit notice (for nonpayment)
- A 5-day cure-or-quit notice (for health and safety violations)
- A 10-day quit notice (for repeat violations)
- A 10-day cure-or-quit notice (for falsifying general information on rental application)
- A 10-day quit notice (for falsifying criminal/eviction information on rental application)
- An immediate unconditional quit notice (for material and irreparable acts)
These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the lease either on paper or electronically, ensuring a secure and convenient process.
Arizona Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable Arizona lease agreement. This template is tailored to meet the specific requirements of Arizona state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of an Arizona residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of an Arizona lease. To get started on the right foot, download our free Arizona lease template and ensure a transparent, lawful, and satisfying rental experience.
