Arizona Rental Laws

Last updated on January 23, 2017 by

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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598 CommentsLeave a Comment

  • Stacy

    I would like to know if late fee’s applied by rental’s are based upon the date recieved or the date on the payment form. For example; Can late fee’s be applied on payment made past the payment due date if the MO is dated prior to the payment due date?

    • Tawni Bennett

      I am not an attorney, but I would think that any business can assess late fees based on the day the payment is received, and not the date on the Money Order or payment. You could have purchased the money order, or check for example on the 10th, but you didn’t mail it until the 17th.
      I believe – Generally – any payments for any bills are considered “received” the date the payment is actually in the Collecting Authority’s hands. You will have to do more checking to be certain legally, but this is a good rule of thumb to always abide by to avoid late fees.

  • Joyce Humble

    If you are renting a home and was not furnished with the rules and regulations of the Hoa. And you receive a letter stating that you are in violation of parking your company vehicle in your own drive way and can be fined because it is considered a commercial vehicle. Can they actually do that? Especially when you pay your rent or mortgage for your house. I am talking about a Kia soul 2015 small car

  • Shaddy

    I paid a fee to break my lease early but the apartment hasn’t listed my apartment for rent. Aren’t they obligated to try and rent it out? Am I entitled to any money back? Who would I contact about this? Thanks

  • michael

    I have cared for my father in his home for 5years in exchange for room and board. no pay no days off and no vacations. he went to hospital and is now in hospice. i came home to my sisters changing locks and giving me 2 hours to get some belongings. they turned off water due to a leak they suspected caused black mold. they got me a hotel room for 6nights but refused to give me a key except to garage that does have some of my belongings. What are my rights to regain entry etc.. i feel i have sacrificed my life, health and financial well being to care for him. I want to leave on my terms when im physically and financially able to do so. what are your thoughts?

  • Anne

    I approved a lease for my rental home to include one pet, an emotional support animal. My landscaper has shared that there are three dogs in the home. There is no provision regarding numbers of days to remove the unlawful pets (one attorney on AVVO mentioned that).

    The whole upstairs is carpeted, and the downstairs has wood tile. The installers used the wrong grout and it had to be recolored. I am concerned the dogs’ nails will destroy the recolor.

    Can you help me? How do I handle getting the additional pets out? Should it be in writing, or does a text or phone call putting them on notice suffice?

  • Anjelica

    I have been at my apartment for 5 yrs in Az. Recently we have been having problems that the office stated they cannot do anything about. We live in a 4plex in a area with other 4-plexes (not in relation with my landlord) and we do have assigned parking. But there has been other cars from the other plexes are now parking in my assigned spot. I have called the office cause on the lease it states No unauthorized vehicles should be in assigned parking. But they said there is nothing they can do, for me just to park else where. Also the apt below me got raided, I feel unsafe in my apt. I am currently on a month to month and wanting to move out ASAP but they said they need a 30 day notice, is that true even though they aren’t following the lease?

  • Gerald Christlieb

    Paid my rent late. I paid late fees. The landlord held my check for 3 days before informing me that it was $4 short. They posted a notice on my door on a Sat afternoon before they left for the wkend. I now paid the extra $4. They now returned my rent check plus late fees claiming that I owe even more late fees and now admin. Fees totally almost $100 more than reg rent. They had the rent. They kept charging late fees and then returned check afterwards. Can they do that?

  • Ernie Renfro

    I am a landlord of a residential property. My tenants did not pay in January after being served the 5 day notice to pay or quit. The justice court judge entered a judgment against my tenants and they appealed and paid the court bonds and supersedeas bond staying the eviction on February 5, 2017. They paid the February rent as the bond, but did not pay the January judgment. Apparently, the justice court tells me they paid the appeal fees at the justice court but not sure of Superior Ct.

    Question: The lease is up March 31, 2017 after one year. Can the tenants stay past the signed lease agreement date of March 31, 2017? I was moving in my home they occupy and my lease is up to do so. Any help would be greatly appreciated…

  • Ernie Renfro

    I am a landlord of a residential property. My tenants did not pay in January after being served the 5 day notice to pay or quit. The justice court judge entered a judgment against my tenants and they appealed and paid the court bonds and Supersedeas bond staying the eviction on February 5, 2017. They paid the February rent as the bond, but did not pay the January judgment. Apparently, the justice court tells me they paid the appeal fees at the justice court but not sure of Superior Ct.

    Question: The lease is up March 31, 2017 after one year. Can the tenants stay past the signed lease agreement date of 3/31/17 during appeal? I was moving in my home they occupy and my lease is up to do so. Any help would be greatly appreciated…

  • Shelly Clark

    If I am currently in a lease but my name just came up for Section 8. Can I get out of my current lease since my current apartment complex does not work with Section 8 housing or is this not a reason to get out of my current lease?

  • Amanda

    I have renters in my Tempe, AZ condo. Their lease is up at the end of July. I would like to list the place for sale starting now. What kind of agreement/addendum do I need to have my tenants sign to allow for showings?

  • Francisco

    Hi, we are having trouble with our “tenant” he is on a contract to buy and it is over this November, but he has not paid the mortgage for the past two months and before that he didn’t pay the previous 3 months until we got a lawyer. We have had to pay the mortgages ourselves.. is there any way to evict him? Or any KNOWLEDGEABLE lawyers that have any advice? We did hire a lawyer but he doesn’t seem to be assertive enough to help us out.

    Thank you!

  • Seth R Quinter

    Hello my family and I are moving out of state due to family harassment, is that a good enough reason to break the lease without penalty?

  • Ajay Saha

    RE: Exploitation and Harassment by a Leasing Agency

    We (Ajay Saha and Mark Fanning) live in 2028 W Cactus Road (Unit #D), Phoenix, AZ 85029. Goldenwest Management (address: 3420 E Shea Blvd #161, Phoenix, AZ 85028, Phone: 602-765-4750) manages this apartment. We started living in this apartment from March 2016; at that time we did not have any idea about its maintenance issues. Gradually we came to know the room window does not open, electric power plug did not work, stove burner does not work, Refrigerator’s drawers and self are broken, main gate broken, bathroom door does not lock, and so many maintenance issues.

    Since January 2017 the Toilet and water Heater was leaking so badly that the toilet water came inside our

  • Pam Porter

    Can someone please advise if the management company of an apartment complex can demand that the tenants have mandatory renters insurance?

  • Mr Sauce

    I’m looking for the back door to a situation.
    My mother’s fiance has an aggravated assault charge on him,so that makes him a felon. He’s served his time. Has a p.o.,job,and together they are humble. The apartment my mother has been in for 5 years now has went through a new manager. He has a mother with a home of her own but with 7children and her own mother living in it. Both that option and half way homes would not be wise for him to stay a upright citizen. I heard somewhere that if him and my mother are legally married that could back door an exception to allowing him to stay with her in her apartment..? Again Im Looking for information to understand and clarify this situation for them and help them.

  • Stephanie Kyle

    I recently moved in to a complex i read above that the max security dept it one and one half month.

    I have a pet they say they forgot to add the pet dep into what I already paid, and want 300.00 more!

    my rent is 856 my security depot total move in was 1389. now they want an additional 300.00 total will be 1686. to move it . Can they do this??

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