Arizona Rental Laws

Written on February 8, 2014 by , updated on October 5, 2017

Flag of ArizonaThis article summarizes some key Arizona Landlord-Tenant laws applicable to residential rental units.

We’ve used the Official State Statutes and other online sources cited below to research this information and it should provide an excellent starting point to learn about the law.

With that said, our summary is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are always subject to change, and may even vary from county to county or city to 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/or a qualified lawyer in your area. Your local or state bar association may have a referral service that can help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Security Deposit:

Lease, Rent & Fees:

  • When Rent Is Due: Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day. (Ariz. Rev. Stat. Ann. §§ 33-1314(C))
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No statute for residential dwellings. 5 days for mobile homes (Ariz. Rev. Stat. Ann. §§ 33-1414(A4))
  • Late Fees: No statute for residential dwellings. Late fees for mobile homes must 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. (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: 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 expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months’ periodic 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 tenant’s request, 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 on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant. 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 with section 33-1341 materially affecting health and safety. (Ariz. Rev. Stat. Ann. §§ 33-1368(A))
    • 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 as defined in sections 13-1102 through 13-1105, prostitution as defined in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord’s agent or another tenant or involving 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 tenant terminates the lease, landlord is required to return the entire security deposit. (Ariz. Rev. Stat. Ann. §§ 33-1367)

Disclosures and Miscellaneous Notes:

  • Landlord Responsibilities: Landlord must maintain a fit premises as described in Ariz. Rev. Stat. Ann. §§ 33-1324.
  • Tenant Responsibilities: Tenant must maintain a fit premises as described in 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: At or before the commencement 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. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation. Read Ariz. Rev. Stat. Ann. §§ 33-1319 for more information.
  • Domestic Violence Situations:
  • Assumption of Retaliation: 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 a period of ten 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 an 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))
    • 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 state-wide statute, but local cities and counties may have regulations and requirements. An owner of 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)
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624 CommentsLeave a Comment

  • Marie

    My boyfriend and I moved into a rental home managed by the owner 7 years ago. We asked upon first viewing the home if it was necessary to have me on the lease and the landlord said it was as not. The relationship between us and the landlord has recently becomes strained do to a lack of communication and now they are threatening to have me removed in 48 hours by the Sheriff because I voiced my views on their behavior. Do I have any rights if this occurs? If I have large amounts of proof that they knowingly excepted me as a resident over the last 7 years. Does this help or even matter? We never signed a new lease after the first expired so we have been month to month over the last six years.

  • Roxy

    A friend moved into a manufactured type home sent rent walmart to walmart to a person only to find out the owner hadn’t received a dime of it. They have copies of everything so fixed that. The AC is constantly frozen there’s mold, the floor is giving way in several places throughout the house. There’s a baby on the way, 2 little children 2 adults n their dog. Tenants spent 100’s of $ to clean up and make livable. It’s an unsafe living environment for all of them. What can they do? Landlord has told them “she doesn’t care about their kids” they need to move to a safe liveable environment. The landlord has threatened to kick them out more than once, continues to not fix anything or take less rent for what’s been put into the home already

  • Steve

    ARS 33-1376 B Allows for injunctive and monetary damages for abuse of access. I can see injunctive relief, but how do you attach a monetary value on what seems to be an invasion of your privacy. How much would you ask for and how would you substantiate that amount. Just trying to understand. I’m new to this legal stuff.

    • Denise

      My son had to move out of state due to loss of job. Lease required 60 days notice. He is willing to pay that amount to keep credit rating from plummeting, but apt management would not accept keys back before the very last day of that second month. Is this legal? Don’t care if they rent it again as soon as they can; just feel uncomfortable with no one living there to oversee things.

  • Renee

    My tenant recently abandoned the property after nonpayment- I had them text me that they were out b4 I changed the locks- they left all their keys on the premises. From what I understand I have 14 business days to mail them their account of deposit. Is that from the date I accessed the house? Normally I go by when the tenant hands over their keys but they didn’t tell anyone they were moving and claimed to have left all keys in the house so I had to get a locksmith to gain entry…also they left a tv and desk in the garage. I asked if they wanted to pick them or should I dispose. The response was ‘I don’t need them I have no way’ and then something nasty, am I required to store these items?

  • Michael

    I have been in this house for over 2 yrs. The lease expired after one year. The landlord agreed to go month to month. My pets died and I replaced them. The lease does not have any restrictions for adding or replacing pets. My landlord says now the pet section is null and void and we have to sign an amendment to the lease. Can he do this or is he bound by the lease. Can he evict us if we refused to sign it. Can he force us to sign a new lease.

  • Brittany

    I gave landlords more than a 30 day notice that I was moving due to work. We are moving end of July and end of Aug my lease is up. First question, They are stating that even after the walk through 7/28, that I need to maintain the house and keep utilities on through the end of the lease or until someone moves in which ever first. I understand the utilities but am I still responsible for the maintenance of the house if I will not be living there and have turned keys in?
    Second question, they state that they will give me back my security deposit (subject to condition) 14 days after after the lease is up or someone else moves in NOT 14 days after the walk through. However I still paid Aug rent and don’t think this is legal?

  • Andrea

    I was helping a homeless girl stay in my apartment. She started acting weird and i had to put her out she is not on the least but she is threaten to sue for unlawful eviction. What can I do

  • Marie Merrifield

    Can the apartment complex add a fee to your lease for renters insurance irregardless that you have your own coverage? Office stated that they cannot remove the fee from the lease, but the first lease that was wrong did not have this fee. I have always gotten my own policy as I get a discount on the auto insurance, I don’t want their policy. Isn’t this illegal?

  • Tamika

    My family came out of town to visit has only been here two days and my landlord is trying to evict me is that legal in the state of Tucson Arizona

  • Sheri Smith

    What is the recourse when a landlord does not allow tenant an opportunity to do a final walk thru with them and then mails deposit with deductions taken which the tenant does not agree with?

  • jaki

    our lease was up sept 1, 2017 we were evicted/ asked to leave due to contractors coming in and out doing renovations etc on her house.. we were told onJuly 1st to be out by end of the month due to owner doing remodeling and wanting to sale – put on the market asap. (our lease was up Aug 31st) we moved out but were absolutely shocked at having to go rent a house that we would not of rented if we had more time, lost working hours due to having to pack and move so quickly, got very ill from the stress and had to be hospitalized … no deposit returned to us shes trying to charge us for carpet remodel after the insurance is paying her for the carpet replacement due to flood in May. anyone??

  • lanell

    last month on the first 1 went and go my money order and meant to turn it in but honestly it slipped my mind when I got home due to be distracted. once I remembered it was the 4th and they hit me with a late fee. I told her that the date on the money order is the first and I should not still be charged a late fee. Im still new to az and still learning the rules and would like to know if they could still charge me a late fee and where can I look it up to show them proof. Thank you for uor help in advance.

  • Patricia

    I need help.
    What are the AZ laws on renting an “ as is” condo. My husband was shown a condo where he was told that the condo was being rented “as is” which he “agreed” since we needed the condo. Due to time constraints, I was unable to see it until after we signed the lease. When I did, the condo is disgustingly dirty and the plumbing under the kitchen sink looks like it’s rotting. We just signed lease last night and now they’re saying that we saw it before the lease and we agreed to renting it “as is”

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