Arizona Rental Laws

Written on February 8, 2014 by , updated on August 8, 2018

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:

  • Security Deposit Maximum: Landlords cannot demand more than one and one-half month’s rent for a deposit and/or any prepaid rent. 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))
  • Security Deposit Interest: No Statute
  • Nonrefundable Fees: Allowed, but the fee must be stated in the written lease agreement. (Ariz. Rev. Stat. Ann. §§ 33-1321(B))
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits and Additional Fees: Yes, but the total deposit must not exceed the limit of one and one-half month’s rent. (Ariz. Rev. Stat. Ann. §§ 33-1321(A))
  • Deadline for Returning Security Deposit: 14 days, excluding weekend days and legal holidays (Ariz. Rev. Stat. Ann. §§ 33-1321(D))
  • Require Written Description / Itemized List of Damages and Charges: Yes. The list must be sent along with the security deposited the tenant is owed, via first-class mail. (Ariz. Rev. Stat. Ann. §§ 33-1321(D))
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: No Statute
  • Failure to Comply: If the landlord fails to comply with Ariz. Rev. Stat. Ann. §§ 33-1321(D), the tenant may recover the property and money due together with damages in an amount equal to twice the amount wrongfully withheld. (Ariz. Rev. Stat. Ann. §§ 33-1321(E))

Lease, Rent & Fees:

  • When Rent Is Due: Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise determined, rent is payable at the dwelling unit. Periodic rent is payable at the beginning of any term of one month or less and otherwise in monthly installments at the beginning of the month. Rent shall be uniformly apportionable from day-to-day unless an alternative arrangement is made. (Ariz. Rev. Stat. Ann. §§ 33-1314(C))
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No statute for residential dwellings. Five days for manufactured homes (Ariz. Rev. Stat. Ann. §§ 33-1414(A4))
  • Late Fees: No statute for residential dwellings. Late fees for manufactured 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 (see “security deposit maximum,” above). (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: At 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 the rental agreement expires or is terminated, the landlord may bring an action for possession. 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’ 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 the tenant’s request, the 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 from the tenant, the landlord has no obligation to conduct the joint move-out inspection. The 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, if the tenant’s breach affects health and safety. (Ariz. Rev. Stat. Ann. §§ 33-1368(A) and 33-1314)
    • 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 (see Sections 13-1102 through 13-1105), prostitution (see Section 13-3211), criminal street gang activity (see Section 13-105), activity as prohibited in Section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance (see Section 13-3451), threatening or intimidating (see Section 13-1202), assault (see Section 13-1203), acts that have been found to constitute a nuisance (see Section 12-991), or a breach of the lease agreement that jeopardizes the health, safety and welfare of the landlord, the landlord’s agent or another tenant or involves 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 the rental unit so that it is fit and habitable (Ariz. Rev. Stat. Ann. §§ 33-1324).
  • Tenant Responsibilities: Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of hte premise (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: Before or at the beginning 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. If the landlord knows that a rental unit has a bedbug infestation, the landlord shall not enter into any lease agreement with a tenant. (see 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 10 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 statewide 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)

State agencies & regulatory bodies

Housing Authorities

Realtor & Landlord and Tenant Associations

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655 CommentsLeave a Comment

  • SHAYLA

    Hi , we have been renting for 2 years and every time anything happens to the house we fix and the landlord takes out of the rent . but for the past 8 months we have been fighting with bed bugs we have tried everything we told the landlord to send someone to fumigate the property but he refuses and we took the carpets out the kids room and he does not want to out the floors in . now we just found out hes selling the property but he has not said anything to us and he does not return our calls its been a month and now were scared they just gonna kick us out what should we do or our rights in regards to this matter ?

  • Larry Smith

    Great looking forward to some informative discussions.

  • linda stewart

    Hello,
    i have been complaining to my landlord for 7 months now about another tenants dog. this dog ttys to attack us every time we leave our fenced in yard. they say the dog is harmless. it comes running at us like Cujo.. this dog is like a rottweiler i think. the landlord takes the other renters side.. the landlord refuses to make the other tenant put it on any kind of leash.. it attacks our van and has left scratches..and our friends vehicles also.. i pay my rent onetime..always have.. this needs to stop. but I’m afraid of retaliation against me from the landlord. i have no contract.. and can’t afford anything else at the moment. I’m stuck in a bad situation and don’t know what i should do.. any advice??would be grateful..

    • Anonymous

      I would contact the local police and make a reply they will contact animal control. But verify that. The law is all animals must be leashed in public. Tell them everything that is going on. I wouldn’t be surprised if the animal is not vaccinated, rabies or licensed if that is the case they are in big trouble. It is also again the late for a landlord to retaliate. Believe it or not renters have allot of Rights

  • Wheelie

    I own mobile rent space. Had an approved tenner to purchase& landlord screwed up the sale..perspective buyer stated he’s backing out of deal because he dosrnt trust management..he aside he would sign a statement to that statement

  • Janet McNicholas

    I live in Queen Creek Az. and have been renting a single family home for the past year but when I came to the end of my lease I inquired about a new lease and was told that I would be going to a month to month tenancy because the owner wasn’t offering a new lease at this time. In the following two weeks I received a request for entry to inspect the property and I assumed the purpose of the inspection was to satisfy the owner’s concerns as to the condition of the property and to determine if I should be offered a new lease,It was not! Two weeks later I received notice that the property had been sold and that a 12 month lease was being offered but @ a 14.2% increase in rent or I would have to vacate in the next thirty days. Is this legal?

  • Anonymous

    My landlord just sold the house I rent , how much notice must I be given to vacate the unit. I also have a current 2 year lease

  • PJ

    I’m moving out of a rental house. Our deposit was $1500. After living in the house for a year, we adopted a dog. We did not notify the landlord. Upon move-out, he allowed us to pay a $300 pet fee from the deposit to settle. I had the house professionally cleaned inside and out. He was not satisfied with the cleaning. There was no excessive damage to the house other than wear and tear. He’s charging me for paint etc. Can he do that? Isn’t that his obligation? He also got a gutter cleaning estimate of $300 but cleaned the gutters himself, and is taking that out of the deposit too. He has threatened me with breach of contract for that, saying he could sue for $5000. Is that legit?
    Thanks.

  • Aleasha

    I found a house to rent, signed the rental agreement, and paid what was owed. I gave up my apartment and packed all my stuff. Just waiting for the keys. Now i get a call from the owner stating that he thinks he will have to give me my money back because they got an offer from someone else and they are willing to pay 4 months in advance and he told me his wife is being greedy. Isn’t it illegal to break a contract over greed? Idk what to do but my 13 year old daughter and i are now going to be homeless in Arizona where we know nobody and have nobody to help us. This can’t be legal and i should be getting this keys right?

  • Howard Uber

    manager took part of my rent check and applied it to my electric bill , i hadnt sent the electric payment yet . now i get a eviction for late rent . is this legal ?

  • Jaimee Taylor

    Hi there, I have been renting from a property management company in Flagstaff, Az. About two weeks after I moved in there was a big storm and I noticed a leak in my apartment. It has been 4 weeks since I brought this to their attention and they came in and tried to fix it, but did not. I would like to terminate my lease and find a new place to live. My question is, what are my rights when terminating my lease? If I terminate do I still owe the remainderof my rent for the next two months, even though the company failed to provide suitable living conditions?

  • George

    I’m getting married and buying a home… but my lease stipulation states that I can’t break my lease for these reasons. Is this true?

  • Hayley Kisiel

    Hello! I have a tenant in Arizona who has terminated her lease early prior to moving in. She has paid the deposit and first months rent. We agreed that I would let her out of her lease early if I found someone to rent the property. Her lease terms were $850/month for 10 month lease. I have found a new renter with terms of $750/month for 12 month lease. It took me one month to find a new renter. In that time I had to pay for advertising the property and purchased additional counter top for the kitchen. Can I legally keep the deposit since I was unable to rent the property for the full $850? In addition can I deduct the expenses I concurred while trying to rent the property? Thanks!

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