Arizona Room Rental Agreement

Required Landlord Disclosures (10)

1. Lead-based paint: If a rental property was built before 1978, landlords must notify tenants that the property may contain lead-based paint (42 U.S. Code § 4852).

2. Landlord’s name and address: Arizona property owners, landlords, or authorized agents must list their name(s) and address(es) within the lease agreement (ARS § 33-1322).

3. Access to Landlord-Tenant Act: Landlords must inform tenants, in writing, that the Arizona Landlord-Tenant Act is available on the Arizona Department of Housing website. They may also provide a physical copy, though doing so isn’t required by law (ARS § 33-1322).

4. Bed bug disclosure: Landlords must provide all tenants with bed bug educational materials and cannot enter into a lease if they know of an active infestation. Tenants must notify landlords in writing or electronically if they suspect bedbugs within their rental unit (ARS § 33-1319).

5. Non-refundable fees: Lease agreements must clearly state any non-refundable fees. Any fee not labeled “non-refundable” is legally considered refundable (ARS § 33-1321(B)).

6. Move-in/move-out condition checklist: Landlords must give tenants a move-in/move-out checklist to document the unit’s condition within 5 days of moving in. This landlord must use this checklist during the move-out process and when making deductions from the security deposit (ARS § 33-1321(C)).

7. Residential pool safety notice: If a rental unit has access to a pool, landlords must give tenants an approved pool safety notice from the Arizona Department of Health Services (ARS § 36-1681(E)).

8. Shared utilities: When landlords and tenants share utilities, landlords must explain how they will divide the charges. They may reimburse themselves for time spent managing these bills (ARS § 33-1314.01).

9. Notice of foreclosure: If the rental property enters foreclosure, the landlord must notify the tenant promptly (ARS § 33-1331(A)).

10. Rent adjustments due to property tax increases: If outlined in the lease agreement, landlords can raise rent to reflect increases in property taxes, insurance premiums, or utility charges (ARS § 33-1314(E)).

Security Deposits

Deposit limits: Arizona landlords can require a security deposit of up to 150% of the monthly rent (ARS § 33-1321(A)).

Deposit receipts: Arizona law does not require landlords to give tenants a receipt for their security deposit.

Interest on deposits: Arizona law does not require landlords to collect or pay interest on a tenant’s security deposit.

Deduction documentation: Landlords must give tenants an itemized list of any deductions from the security deposit, along with receipts to support the charges. Tenants have up to 60 days to dispute the deductions with the landlord (ARS § 33-1321(D)).

Returning deposits: Landlords must return the tenant’s security deposit, minus any legitimate deductions, within 14 business days after the tenancy ends (ARS § 33-1321(D)).

Pet deposit rules: Arizona law doesn’t specifically address pet deposits, but limits total deposits (pet-related or otherwise) to no more than 150% of the monthly rent (ARS § 33-1321(A)).

Rent Payment Regulations

Grace period: Arizona law does not require a grace period for late rent payments, but landlords must wait five days after rent is due before starting the eviction process (ARS § 33-1414).

Late rent fees: Arizona landlords may charge a reasonable late fee for overdue rent. State law does not set a specific limit but requires that late fees be “reasonable” (ARS § 33-1414).

Tenant’s right to withhold rent for repairs: Tenants in Arizona can deduct repair costs from their rent, but only under specific conditions. First, they must notify the landlord in writing about the issue and give them 10 days to conduct the repair. If the landlord doesn’t act within 10 days, the tenant can hire a licensed contractor to fix the problem. The repair must address a habitability issue and can’t cost more than $300 or half the monthly rent, whichever is greater. After the contractor has completed the work, the tenant must give the landlord an itemized invoice and a lien waiver before deducting the cost from the next rent payment (ARS § 33-1363).

Pet rent: Arizona law does not limit how much landlords can charge for pet rent.

Rent Payment Increase Rules

Arizona law prohibits rent control, meaning landlords can increase rent as they see fit.

For fixed-term leases, landlords must wait until the contract ends before raising a tenant’s rent. For month-to-month leases, landlords must give tenants at least 30 days of notice before increasing rent.

Room Rental Agreement Breaches

Missed rent payment: Since Arizona doesn’t require a grace period for late rent, the landlord can issue a Five-Day Notice to Pay or Quit as soon as the tenant is one day late on rent (ARS § 33-1314(C)).

Lease violations: The first step a landlord can take after a lease violation is to issue a Five-Day Notice to Cure or Quit (ARS § 33-1368). Additional notice requirements may apply based on the type of violation.

Self-help evictions: Arizona and federal laws prohibits self-help evictions, such as shutting off utilities or changing locks to pressure a tenant to leave (ARS § 33-1367).

Landlord Room Access Laws

Advance notice: Landlords must give tenants at least 48 hours of notice before entering the rental unit for non-emergency reasons (ARS § 33-1343(A)).

Emergency access: During emergencies, landlords may enter the rental unit without the tenant’s permission or without giving advance notice (ARS § 33-1343(C)).

Landlord harassment: Harassment may occur when landlords repeatedly enter the property without giving proper notice to the tenant. If the behavior continues, the tenant may have the right to break the lease early without legal recourse (ARS § 33-1376).

Ending a Room Rental Agreement

The procedures for terminating a room rental agreement depend on the specific type of lease agreement between landlord and tenant.

Fixed-term lease: In Arizona, a fixed-term room rental agreement typically terminates on the date listed in the lease. Neither the landlord nor the tenant is legally obligated to renew a fixed-term lease, and landlords don’t have to give advance notice of non-renewal unless the lease includes an automatic renewal clause.

Month-to-month lease: In Arizona, either the landlord or tenant can end a month-to-month room rental agreement by giving the other party at least 30 days of written notice before the next rental period begins (ARS § 33-1375).

Room abandonment: If a tenant moves out of a rented room before the end of their lease term, they remain responsible for making rent payments until the landlord finds a new tenant or the lease expires, whichever comes first (ARS § 33-1370).

Tenant’s right to terminate: Arizona tenants can legally end a lease early under certain conditions, which include:

• Active duty military obligations
• Domestic abuse, sexual violence, or stalking
• Uninhabitable rental unit
• Landlord harassment
• An early termination clause in the rental contract

For more information, visit our article on breaking a lease in Arizona.

Agreement Renewal/Termination

Required renewals: Arizona landlords have no obligation to renew a tenant’s lease after it expires.

Required notice: Arizona law does not require landlords to give notice when ending a fixed-term room rental agreement. Unless the lease includes an automatic renewal clause, it ends on the date listed in the agreement.

Month-to-month considerations: In Arizona, a month-to-month tenancy automatically renews with each rent payment until terminated by either landlord or tenant with proper notice (ARS § 33-1375).