Arizona Landlord-Tenant Law: Overview of Rights 2024

Understanding Arizona landlord-tenant law is essential for screening tenants, constructing legally compliant lease agreements, managing tenant maintenance requests, and more.

In this guide, we’ve analyzed the Arizona Revised Statutes and outlined relevant information to help you better understand mandatory lease disclosures, security deposit procedures, lease renewal regulations, eviction protocols, and other important laws landlords and tenants need to know.

With this guide, you’ll understand what you can and can’t do as a landlord or tenant in Arizona, and we’ll start with tenant screening.

Best Practices for Screening Prospective Tenants

No laws limit how much Arizona landlords can charge prospective tenants for a rental application fee. Landlords are free to charge applicants as little or as much as they see fit.

Running background checks on tenants that reveal criminal histories, credit reports, and income is standard practice in Arizona. However, landlords must first receive written permission from applicants before they can legally run their background checks.

Landlords must also abide by all federal fair housing laws when selecting tenants, which we’ll explore further in the following section.

To ensure your tenant screening and rental application processes are lawful, utilize property management software to automate the process on your behalf; that way, every applicant undergoes the same process. It’s a great way to avoid discrimination and speed up the tenant acquisition process. Let’s talk about discrimination next.

Compliance with Federal Fair Housing Laws

The Fair Housing Act aims to eliminate landlord discrimination and create an equal playing field for prospective tenants seeking housing.

What actions are considered housing discrimination?

Arizona landlords cannot refuse to rent, sell, negotiate, or make housing unavailable to anyone based on the following factors:

• Disability
• Familial status
• Race
• Color
• Religion
• National origin
• Sex (including gender identity and sexual orientation)

The Fair Housing Act also applies to marketing and advertising, meaning owners cannot indicate a preference based on any of the factors above when seeking renters in newspapers, websites, or elsewhere.

How can discrimination be avoided in rental practices?

To avoid housing discrimination, landlords should implement protocols to ensure they abide by all practices outlined in the Fair Housing Act. Here are a few ways to improve compliance:

• Read the Fair Housing Act (linked above) to understand fair housing laws on a deeper level.
• Create rental applications that don’t reveal an applicant’s disability, familial status, race, color, religion, national origin, sex, gender identity, or sexual orientation.
• Justify decisions objectively and document your reasoning for accepting or denying applicants. Common reasons for denial include poor credit scores and criminal history.

What are the repercussions for fair housing violations?

Landlords who violate fair housing laws could be subject to the following legal and financial consequences:

• Injunctions that require landlords to stop all discriminatory housing practices
• Settlements paid to victims of fair housing violations to compensate for financial losses or emotional distress
• Civil fines and fees that aim to prevent future fair housing violations
• Criminal penalties like fines, imprisonment, and probation

Arizonans who believe they are victims of fair housing violations should contact the US Department of Housing and Development (HUD) or the Arizona Attorney General’s Office.

Arizona Lease Agreements

Written lease agreements between landlords and tenants aren’t legally required in Arizona; however, they can help set clear rental terms and expectations among both parties. As such, legally binding Arizona lease agreements are highly recommended.

Most written rental contracts fall under one of two categories:

• Month-to-month: Leases that are renewed one month at a time
• Fixed-term: Leases with a defined start and end date

Which lease terms are legally required in Arizona?

Although Arizona landlords aren’t required to include specific terms within a rental contract, they must share the name and contact information of the property’s managing party with the tenant.

Arizona law also requires landlords to make nine other specific disclosures to the tenant, which we will outline below.

What are the mandatory landlord disclosures in Arizona?

There are 10 legally required disclosures Arizona landlords must make to tenants within lease agreements:

1. Landlord’s Contact Information: Landlords or authorized managing agents must provide their names and addresses to tenants within the rental agreement (ARS § 33-1322).
2. Lead-Based Paint: If a rental property was constructed before 1978, landlords must notify tenants that the property may contain lead-based paint (42 US Code § 4852).
3. Landlord-Tenant Act: Landlords must inform tenants of the Arizona Landlord-Tenant Act and tell them it can be accessed on the Arizona Department of Housing Website (ARS § 33-1322).
4. Bed Bugs: Landlords must provide new and existing tenants with “bed bug educational materials” and cannot knowingly rent a unit infested with bed bugs. Tenants must notify landlords of bed bugs within a rental unit (ARS § 33-1319).
5. Non-Refundable Fees: The rental contract must specify any non-refundable fees. Otherwise, all unspecified fees are refundable (ARS § 33-1321 B).
6. Move-in / Move-out Condition Checklist: Landlords must provide tenants with a move-in / move-out checklist to fill out within five days of their move-in date (ARS § 33-1321 C).
7. Pool Safety Notice: If a rental has a pool, landlords must issue tenants educational pool safety notice materials (ARS § 36-1681 E).
8. Shared Utilities: If a landlord shares metered utilities with a tenant, the landlord must provide the tenant with a calculation of how they divide the bill (ARS § 33-1314.01).
9. Notice of Foreclosure: If a rental property gets foreclosed upon, the landlord must notify the tenant (ARS § 33-1331 A).
10. Rent Adjustments and Property Tax Increases: If a rental’s property tax increases, landlords can increase a tenant’s rent payments accordingly with 30 days’ notice (ARS § 33-1314 E).

What constitutes legal renting in Arizona?

Arizona’s Revised Statutes require landlords and tenants to follow specific rules and regulations for a tenancy to be considered legal. Legal renting means:

• Abiding by lease agreement terms: Tenants and landlords are legally bound to the terms of their rental contract. Those who violate these terms risk legal action from the other party.
• Following fair housing laws: Landlords must avoid discriminatory practices when choosing tenants.
• Providing habitable living conditions: Landlords must ensure that health and safety codes are met, repairs are conducted in a timely fashion, and tenants have a safe and habitable rental unit at all times.
• Adhering to security deposit laws: Landlords can charge a maximum of 1.5 times the monthly rent for a security deposit and must return it (less itemized deductions) to the tenant within 14 days of moving out.

Security Deposits in Arizona

Security deposits are payments from the tenant to the landlord before a lease agreement begins. They are meant to cover potential property damage caused by the tenant or pay for missed rent if a tenant is evicted or abandons their lease.

What are the guidelines for security deposit collection?

Arizona landlords may charge tenants up to 1.5 times one month’s rent payment for their security deposit (ARS § 33-1321 A).

Per Arizona’s required disclosures, landlords must give tenants a move-in / move-out checklist to document any prior damage to the property within the first 5 days after they move in.

When can deductions be made from security deposits?

Landlords can deduct money from a tenant’s security deposit under the following circumstances:

• • Damage to a rental unit beyond normal wear and tear

• Overdue rent payments or unpaid late fees

• Cleaning fees if a tenant fails to sanitize their unit before they leave

How should security deposits be returned?

Arizona landlords must reference the move-in / move-out checklist when inspecting the rental unit and making post-tenancy deductions from the security deposit.

All deductions taken from a security deposit must be itemized by the landlord, along with receipts, before returning the remaining funds to the tenant.

Lastly, landlords must return security deposits to tenants within 14 days of the move-out date. Tenants have 60 days to raise any deduction-related disputes with the landlord (ARS § 33-1321).

Maintenance Responsibilities of Landlords

Arizona landlords must ensure their rental units are kept clean, safe, and in working order for tenants at all times (ARS § 33-1324).

What are the legal standards for property conditions?

For an Arizona property to be considered habitable, the landlord must provide:

• • Functioning systems like plumbing, electrical, heating, and air conditioning
  • Running water and access to hot water
  • Safe and sanitary conditions free from pets, mold, and other health hazards
  • Structural integrity of the rental unit’s foundation

• Proper weather protection, including a waterproof roof and windows

For a more extensive list of conditions that affect the health and safety of Arizona tenants, reference ARS § 9-1303.

What is the proper protocol for repairs?

Tenants in Arizona have the right to request repairs that keep their rental units habitable, and landlords are obligated to fulfill reasonable requests promptly.

If a rental unit becomes inhabitable and the landlord fails to provide essential services or repairs to remedy the situation, a tenant can withhold rent until the landlord restores the residence to habitable standards (ARS § 33-1324).

If the landlord doesn’t address the repairs within a timely fashion, tenants can choose to perform the repairs (or hire someone else to perform them) and deduct the expenses from their upcoming rent payment (ARS § 35-9A-164 A).

Do landlords need to give tenants advance notice before accessing a rental property?

Arizona landlords must give tenants at least 48 hours of advance notice before entering a rental property for non-emergent repairs or maintenance. During emergencies, the landlord may enter the unit without advance consent of the tenant (ARS § 33-1343).

Late Rent Fee Regulations

Arizona does not have legislation prohibiting landlords from charging late fees to tenants who are tardy on rent. That said, landlords must outline late fee terms within their lease agreement.

Rent Control in Arizona

Rent control laws that limit the amount of money a landlord can charge for rent (or raise rent in the future) do not exist in Arizona. Landlords are free to set and raise rent prices as they see fit.

Lease Renewal and Termination

Landlords are not required to renew rental agreements in Arizona. Landlords must, however, give tenants at least 30 days’ notice (with good cause) or 90 days’ notice (without good cause) if they don’t intend to renew an expiring lease agreement (ARS § 33-2143).

Federal fair housing laws prohibit landlords from refusing renewal to tenants based on disability, familial status, race, color, religion, national origin, or sex (including gender identity and sexual orientation).

Certain circumstances allow tenants to terminate a lease prematurely without legal consequence. They include:

• Active duty military obligations (SCRA)
• Victim of domestic violence or sexual assault (ARS § 33-1318)
• Harassment of a law enforcement officer (ARS § 33-1318)
• Landlord misconduct (ARS § 33-1343)
• Landlord breaches the rental contract (ARS § 33-1361)

Eviction Procedures for Arizona Landlords

Eviction procedures vary from state to state, so Arizona landlords should understand their local regulations before attempting to remove tenants.

Arizona abides by just-cause laws, meaning landlords must have a justifiable reason to pursue eviction.

Here are a few examples of justifiable reasons for eviction in Arizona:

• Non-payment of rent
• Damage to the rental unit
• Lease violations
• Illegal activities on the premises
• Nuisance to other tenants
• Refusing access to the landlord

If a tenant demonstrates behavior that the landlord deems as justifiable for eviction, they can take the following steps to pursue eviction:

• Landlord issues tenant a notice: Depending on the situation, landlords can issue tenants a 5- or 10-day notice to pay rent or quit, notice to cure or quit, or an unconditional quit notice.
• Tenant has a chance to cure (in some cases): If the landlord issued notice to pay rent or quit or notice to cure or quit, the tenant could remedy the situation to avoid eviction proceedings. If the landlord issued an unconditional quit notice, the tenant must leave by the date issued on the notice.
• Landlord files an eviction lawsuit: If the tenant does not pay rent, cure their violation, or move out by the date on the notice, the landlord must file an eviction complaint with the Arizona courts to attempt to remove the tenant.
• Serve notice to the tenant: A process server will deliver a summons (with a copy of the eviction complaint) to the tenant with a court date.
• Landlord and tenant attend a court hearing: The judge will review the evidence and make a decision. If they rule in favor of the landlord, they will issue a 5-day notice to vacate to the tenant.
• Law enforcement enforces the eviction order: If the tenant remains in the rental unit after the court-ordered deadline, landlords can obtain a Writ of Restitution from the courts, authorizing law enforcement to remove the tenant from the property.

Legal Note: Attempting to remove tenants or force them to leave a property without following proper eviction proceedings is known as self-help eviction, which is illegal in Arizona. 

How is property reclaimed after eviction?

If a tenant leaves items behind at a property after eviction, the landlord must create an inventory of the items, estimate a storage cost, hold the items on behalf of the tenant, and send the information to the tenant (ARS § 33-1370 D).

The landlord can donate or sell the items if the evicted tenant doesn’t claim their property within 14 days. If they sell the abandoned items, landlords can reimburse themselves for associated costs and must send the excess funds to the tenant (ARS § 33-1370 F).

Local Ordinances for Landlords and Tenants

Arizona’s official landlord-tenant legislation is held within the Arizona Revised Statutes on the Arizona State Legislature website. The Arizona Landlord-Tenant Act, a document created by the Arizona Department of Housing, consolidates these laws into 50 pages.

City- and county-wide ordinances often differ from statewide legislation, so reference local laws for a better understanding of landlord-tenant regulations in your area. Municode is a helpful resource for finding local ordinances.

Federal Landlord-Tenant Laws

As discussed earlier, certain federal laws and organizations influence landlord-tenant laws nationwide. A few of these include:

• Fair Housing Act: Aims to decrease renting discrimination among landlords
• Americans with Disabilities Act: Aims to decrease renting discrimination towards people with disabilities
• US Department of Housing and Development (HUD): The organization that enforces federal fair housing laws, including the Fair Housing Act

These federal laws are binding nationwide and apply to landlords and tenants in all 50 states, regardless of local regulations.

Managing Tenant Legal Disputes as an Arizona Landlord

Stressful legal battles are rarely the first option between tenants and landlords. If you’re currently engaged in a dispute involving Arizona landlord-tenant law, we recommend seeking legal assistance to aid you through the process.

Here are four helpful legal resources for landlords and tenants in Arizona:

• Arizona Law Help: Free hub of legal resources, including information on landlord-tenant law, with a hotline for free and reduced fee legal aid.
• Community Legal Services of Arizona: Provides legal assistance, advice, representation, and more to Arizona citizens searching for affordable aid.
• Arizona Department of Housing: Helpful resource for landlord-tenant issues with access to information on rental assistance and eviction prevention programs.
• Maricopa County State Bar: Offers a lawyer referral service for Maricopa County citizens (30-minute consultation for $50).

Navigate Your Landlord-Tenant Relationship with TurboTenant

Managing your landlord-tenant relationship shouldn’t be complicated or stressful. Consolidate your responsibilities by utilizing property management software that:

• Screens prospective tenants securely and lawfully
• Generates rental applications that help you decide between tenants
• Creates Arizona lease agreements with up-to-date disclosures
• Manages maintenance requests to maintain habitable rental units
• Collects rent electronically from tenants and automatically assesses late fees

Sign up for a free TurboTenant account today to nurture your landlord-tenant relationship and streamline your Arizona property management business.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Arizona Landlord-Tenant Law FAQ